U.S. ENVIRONMENTAL PROTECTION AGENCY
ENFORCEMENT AND COMPLIANCE ASSURANCE
OFFICE OF CRIMINAL ENFORCEMENT
CRIMINAL INVESTIGATION DIVISION
401 M STREET, SW
WASHINGTON, D.C. 20460
SUMMARY OF CRIMINAL PROSECUTIONS
RESULTING FROM ENVIRONMENTAL
INVESTIGATIONS
Fiscal Years 1983 through 1992
-------
The summaries of federal environmental cases are arranged in
chronological order within the U.S. Government's Fiscal Year (October to
September) by the date of the first indictment/information filed in federal
district court for that case. Exceptions to this sequence occur when related
prosecutions are added to the original prosecution summary.
The summary is based on the best available information. Anyone
relying on this summary should verify the information with the Clerk of the
Court for the United States district court, where the official documents are
filed.
For more information, please contact the Office of Criminal
Enforcement, Criminal Investigation Division (202-260-3883).
-------
CONTENTS
ALPHABETICAL INDEX
Fiscal Year 1983 1
Fiscal Year 1984 11
Fiscal Year 1985 22
Fiscal Year 1986 X
Fiscal Year 1987 52
Fiscal Year 1988 71
Fiscal Year 1989 98
Fiscal Year 1990 122
Fiscal Year 1991 150
Fiscal Year 1992 171
INDEX BY PRIMARY STATUTORY AUTHORITY
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ALPHABETICAL INDEX
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX
Region
Defendant(s)
Law(s) Charged
FY
Page No.
I 151 E. Post Road Corp., Inc.
TSCA, CERCLA
86
48
V A-l Disposal Corp.
II A&A Land Development
IV ABC Compounding Co.
DC James J. Abbajay
IV V.O. Abrams
IV AEI-KAARS Drilling Ventures
IV AEI-KAARS Production Co.
DC Aerolite Corp.
DC Sembat Agob
DC Mobashir Ahmad
DC Tariq Ahmad
VI Aircraft Refinishers, Inc.
IV Samuel T. Alcus
V Robert Alley
IV Alley-Cassetty Coal Company
VI Dennis R. Alston
III Jeanne Alvarez
IV American Electric Corp.
II Amsterdam Color Works, Inc.
IV Amvest Energy, Inc.
VII Bryce Anderson
V Guy Eugene Anderson
VIII John Martin Anderson
X Lloyd Anderson
II Peter Angel
IV James Angerami
DC Salvadore Apodaca
I Charles Arcangelo
I James Arcangelo
X Argent Chemical Laboratories, Inc.
IV Vincent Armistead
IV William S. Armistead
VII Arneson Timber Co.
Ill Ashland Oil, Inc.
VI Aspen Aviation Company, Inc.
DC Rafat Asrar
X John H. Atkins '
II August Recycling, Inc.
IV George Ault
VI Ulf Aune
IV John C. Auten
V Claude Aven
RCRA, Title 18
Title 18
RCRA, CERCLA
CAA, CERCLA, Title 18
CERCLA, RCRA, Title 18
CWA
CWA
CWA
Title 18
RCRA, Title 18
RCRA, Title 18
CWA, CERCLA, Title 18
RCRA
CWA
CWA
RCRA
Title 18
CAA, CERCLA
TSCA, Title 18
RCRA
CWA
FIFRA
CWA
FIFRA, CWA, Title 18
CWA, Title 18
RCRA, CWA, Title 18
RCRA, Title 21
CWA
RCRA, CERCLA, Title 18
RCRA, CERCLA, Title 18
FIFRA, Title 18, FFDCA
RCRA, Title 18
RCRA, Title 18
CERCLA
CWA
RCRA, CWA
RCRA, Title 18
State Law of Oregon
(TSCA)
Title 18
CWA
CWA, RCRA, Title 18
CWA
RCRA, CERCLA, Title 18
89
89
86
88
84
90
90
90
85
92
92
91
90
90
85
86
92
84
92
91
83
92
84
86
83
91
88
88
88
88
86
86
86
88
92
92
92
89
91
87
90
91
104
114
39
86
19
141
141
133
26
182
182
150
141
127
15
30
174
12
186
167
9
184
18
47
6
156
81
87
87
76
39
39
44
95
191
182
180
114
162
68
138
155
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Oefendant(s)
Law(s) Charged
FY
Page No.
DC B&R Company of Davis
V Gordon Babbitt
DC Kenneth Arthur Baber
III James A. Badgett
I Henry Baer
IV Pat A. Bailey
IV Eugene Baggett
V Franklin D. Baker
I Ballard Shipping Co.
V Thomas P. Banaham
I Lawrence K. Barber
X Bruce N. Barker
V John C. Barnes
III Robert Thomas Barnes
DC Jay L. Barnett
X William Bartholomew
VI Vernon L. Baseman
DC Richard Virgil Bates
VI Baytank - Houston, Inc.
IV Louis H. Beasley
I Joseph Behre
VII Harold Belcher
VI Thomas G. Bentley-Smith
V Charles Berlin
X Leon H. Berman
X Leonard R. Berman
X Manney Berman
IV Arthur G. Betterton
IV John H. Biddle
I Bruce Bieler
VIII Michael Bilney
IV Kenneth Birchfield
VIII Gordon S. Bird, Jr.
VI Thomas Everett Bird
VI Patrick Conner Bizzell
X Robert K. Blackstone
V Gerry Blanchard
V William N. Bogas
I Roger Boisonneault
I David Boldt
IV Lyndol Bolton
III Gregory Boone
V Gregory A. Booth
I Borjohn Optical Technology
I John Borowski
V Raymond Borowski
X Frank Brady
II Scott Brady
I Bridgeport Wrecking Co., Inc.
RCRA 86 41
CERCLA, Title 18 92 184
CWA, Title 18 92 189
Title 18 89 117
Title 18 89 107
State of Louisiana 92 185
Hazardous Waste
RCRA, CERCLA, Title 18 86 37
TSCA, Title 18 86 33
CWA 89 117
CWA 91 161
CWA, Title 18 83 2
CWA, Title 18 86,88 46
CWA 89 112
CWA 84 11
RCRA, Title 18 90 141
CAA 85 22
TSCA, Title 18 83 8
CWA, Title 18 92 189
CWA, RCRA, CERCLA, Title 18 87 68
RCRA, Title 18 84 19
CWA, TSCA, RCRA, CERCLA 85 24
RCRA, Title 18 88 92
RCRA 90 149
CERCLA 86 34
RCRA, Title 18 92 177
RCRA, Title 18 92 177
RCRA, Title 18 92 177
RCRA, Title 18 92 190
RCRA, Title 18 88 81
Title 18 88 87
CAA 92 192
RCRA, Title 21 91 156
RCRA 92 176
FIFRA, Title 18 92 195
FIFRA, Title 18 92 195
RCRA, Title 18 86 40
RCRA, CERCLA, Title 18 91 155
RCRA, CERCLA, Title 18 89 98
Title 18 88 87
CWA 89 102
RCRA, CERCLA, CWA 84 19
CAA, CERCLA, Title 18 89 101
TSCA, Title 18 83 10
CWA 90 122
CWA 90 122
CWA, Title 18 83 6
CWA, Title 18 86 47
CAA, Title 18 91 164
CAA 89 106
11
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)
Law(s) Charged
FY
Page No
B (cont.)
V Merv Bridges
IV Bright Leaf Sewage Treatment, Inc.
II Bristol-Myers Squibb Company
VI Raymond T. Bnttain
VI Robert M. Bnttingham
V Rick N. Brothers
V Roland N. Brothers
I Gary Brouillette
IV Calvin W. Browder
VIII Richard Brown
III Nicholas S. Buchko
V Paul J. Buckley
DC Ralph Burgholzer
V Lawrence J. Button
III William G. Byles
CERCLA, Title 18
CWA
CWA
CWA, Title 18
Title 18, RCRA
RCRA, Title 18
RCRA, Title 18
SDWA, Title 18
CWA
RCRA, Title 18
CWA
CAA, CERCLA, Title 18
CWA, Title 18
CAA, CERCLA, Title 18
CWA
92
91
92
90
92
91
91
91
92
86
88
89
86
89
86
184
166
187
129
177
153
153
151
180
38
80
120
51
120
32
EX Juvenal Cabrear-Cruz
X William C. Cairns
V Cambridge Mill Products, Inc.
IV Steve Cansler
IX Leonard Capizzi
I Thomas Capozziello
I John Cappella
X Paul Ray Capps
HI Carbonator Rental Service, Inc.
VII W.C. Carolan
VII James Carolan
II David Can-
IV Carson Associates, Inc.
VIII Darrel W. Caster
II Cataract Industrial Warehousing and
Transportation, Inc.
VIII Central Valley Water Reclamation
Facility Board
I Dennis Champagne
VI Steve Charo
II Chase Interiors, Inc.
V Samar Chatterjee
IX Paul Chavez
VII Chemical Commodities, Inc.
IV Chemical Conservation of Georgia, Inc.
(CCGI)
X David G. Chevalier
IX Chevron, U.S.A., Inc.
EX Chem-Wood Treatment Co., Inc.
V Wallace D. Childers
II Joan Chuba
RCRA
CWA, RCRA, Title 18
TSCA
Title 18, RCRA
CAA, CERCLA, Title 18
CAA
Title 18
State Law of Oregon
(TSCA)
CAA
TSCA, Title 18
TSCA, Title 18
CWA, RCRA, CERCLA
CWA
CWA, RCRA
RCRA, Title 18
CWA
Title 18
CWA, Title 18
RCRA, CERCLA, Title 18
Title 18
CAA
RCRA
RCRA
CWA, RCRA, Title 18
CWA
RCRA
TSCA, Title 18
RCRA, Title 18
92
84
86
92
88
89
88
92
92
88
90
92
90
90
88
87
88
89
92
84
92
88
86
92
194
17
51
193
86
106
87
180
179
66
66
79
141
179
126
85
87
130
94
67
49
119
189
17
188
85
33
181
111
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)
Law(s) Charged
FY
Page No
C (cont.)
I Vincent Cinquegrano
IV Johnny M. Clark
III Robert Clements, Inc.
DC Billy Closson
II Coastal Steel Corp.
VI Robert C. Coble
IV Maxwell S. Cobb
III David Cohen
II Charles Colbert
II Jack Colbert
V Donald Gerald Cole
IV J.C. Collins, Jr.
IV Columbia Marine Services, Inc.,
VII Commercial Metals Company, Inc.
(dba Karchmer Iron and Metal Co.)
VI Control Sewer and Pipe Cleaning
IV John Thomas Cottrell
VII Country Estates Investments, Inc.
VI Craven Laboratories
VI Don Allen Craven
VI Billy R. Crawford
X Crittenden Conversion Corp.
IV Croda Inks, Corp.
DC CSI Technologies, Inc.
Ill Virgil Cummings
VI Jimmy C. Curry
X John H. Curtis
X Robert S. Custer
DC Custom Engineering, Inc.,
DC Custom Food Machinery
DC Cuyahoga Wrecking Corp.
Ill Cuyahoga Wrecking Corp.
V Cuyahoga Wrecking Corp.
IV John Michael "Mike" Cox
RCRA, Title 18
RCRA, Title 18
CERCLA
Title 18
CWA
CWA, Title 18
TSCA, Title 18
RCRA
Title 18
Title 18
RCRA, Title 18
RCRA, CERCLA, CWA, Title 18
CWA
RCRA, Title 18, CWA
CWA, Title 18
RCRA
CWA
Title 18
Title 18
State of Louisiana
Hazardous Waste
RCRA
CWA
TSCA, Title 18
RCRA, Title 18
CWA, CERCLA, Title 18
RCRA
CWA
CWA, Title 18
Title 18
TSCA
CAA, CERCLA, Title 18
RCRA, Title 18
CAA, CERCLA, Title 18
CWA
88
88
85
86
83
90
84
90
86
86
91
88
83
90
91
89
92
92
92
90
91
85
88
91
91
88
86
87
88
88
89
91
73
81
25
49
2
129
12
127
38
38
153
78
1
92
130
160
100
194
194
185
137
162
25
71
150
170
84
49
56
86
71
120
162
II DAR Construction Co.
I Eugene K. D'Allesandro
I Bernard Davis
III Michael D'Avocato
IV Gale E. Dean
III William Dee
I Frank DeFelice
DC Defense Systems Corp.
(aka Hi-Shear Technology)
VII Anthony DeJohn
CAA, CERCLA
RCRA, Title 18
RCRA, CERCLA
CAA, CERCLA, Title 18
RCRA, Title 18
CWA, RCRA
Title 18
RCRA, Title 18
CWA, RHAA
83
89
90
88
88
91
87
77
73
3
101
142
90
87
167
63
IV
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
I
I
VIII
VI
VIII
I
I
X
II
VIII
IV
DC
II
VI
III
IV
X
IV
DC
Defendant(s)
Antonio DeLucia
Marco DeLucia
Gabriel Demshar, Jr.
William "Dave" Denison
Denver Sanitary Company
Robert Derecktor of Rhode Island, Inc.
Robert E. Derecktor
Robert Dickman
Maurice Dieyette
Di Giorgio Corporation
Charles A. Donahoo, Jr.
(dba Charlie Wrecking)
Donco Industries, Inc.
John Donnelly
Donald Ray Doughty
John Patrick Dowd
Donald M. Draper
Drum Recovery, Inc.
William S. Drum, III
Darrel A. Duisen
Law(s) Charged
D (cont)
Title 18
Title 18
RCRA, CERCLA
RCRA
RCRA, Title 18, CWA
TSCA, CERCLA, CWA, RCRA,
HMTA, CAA
TSCA, HMTA, CERCLA, Title 18,
RCRA
RCRA, FIFRA, Title 18
CAA, CERCLA, Title 18
RCRA
RCRA, CERCLA, Title 18
CWA, Title 18
RCRA, CERCLA
State Law of Louisiana, Haz. Wste.
Title 18
RCRA
TSCA, HMTA, Title 18, CERCLA
Title 18, RCRA
Title 18
FY
88
88
87
92
87
86
86
90
88
90
89
92
91
92
92
85
84
92
86
Page No.
87
87
59
134
58
48
48
149
77
126
114
192
159
185
191
15
13
173
43
VIII Eagle Picher Industries, Inc.
VI Eason and Smith Enterprises, Inc.
I Henry R. Edelberg
X Keith Egan
IV Charles A. Eidson
IV Sandra A. Eidson
VIII Ekotek, Inc.
V Electric Service Company
HI Electrochemical Company, Inc. (ECI)
I Electro Sales Co., Inc.
VI Edsil M. Elledge, Jr. (aka Ken Elledge)
III William B. Ellen
IV Jere Ellis
I Gerald Elwell
V Cheryl Emrich
V Enviro-Analysts, Inc.
II Environmental Consulting and Testing
Service, Inc.
II Environmental Services Assoc., Inc.
Ill Environmental Systems Services
II Envirosure Management Corp., Inc.
II Envirosure Marketing Corp.
VI Shelton Erickson
VI Kjell Eriksen
X Euro-Auto Ltd., Inc.
CERCLA
RCRA
RCRA
RCRA
CWA
CWA
Title 18, CWA, CERCLA
TSCA, Title 18
CWA
TSCA, Title 18
RCRA
CWA
Title 18
SDWA, Title 18
CWA
RCRA, CWA, Title 18
Title 18
RCRA, Title 18
CWA
RCRA, Title 18
RCRA, Title 18
RCRA
CWA, RCRA, Title 18
Title 18
86
88
92
85
92
92
90
86
92
84
90
90
87
91
92
90
83
90
84
90
90
88
87
87
38
80
173
25
185
185
145
33
193
14
149
138
62
151
172
147
6
136
11
136
136
90
68
54
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)
Law(s) Charged
FY
Page No
E (cont)
V Executive Advertising, Inc.
X Exxon Corporation
II Exxon Corporation
X Exxon Shipping Corporation
RCRA, Title 18
CWA, RHAA, MBTA, PWSA, DCA
CWA
CWA, RHAA, MBTA, PWSA, DCA
86
90
91
90
34
134
160
134
I Maurice Fabiani
V Maxine Fairchild
VI David R. Faulkner
IX Glen D. Faulks
VIII Andrew Fedorowicz
III Alex Feinman
VI Donald L. Fincher
VI Fred L. Fincher, Sr.
VI Jerry L. Findley
V Finishing Corp. of America
V Richard J. Fiorini
VI Norris Randall Fish
X Rodney R. Fisher
X Fisher RPM Electric Motors, Inc.
IV Douglas M. Floyd
IV James "Buddy" Floyd
IV William J. Floyd
VI Kenneth Fontenot
III Forms, Inc.
IV O.E. "Gene" Fox
VII Thomas Edward Francis
VIII Frankel Manufacturing Company
III Alan M. Franko
II Nathan Frenkel
DC Daryl Alan Freter
III George Frew
II Fried Industries, Inc.
II Frontier Chemical Waste Process, Inc.
DC Frontier Fertilizer Co.
CAA
RCRA, CERCLA, Title 18
TSCA, Title 18
Title 18
RCRA, Title 18, CWA
CAA, CERCLA, Title 18
Title 18
Title 18
CWA, Title 18
CWA
CWA
FIFRA, Title 18
CWA, RCRA
CWA, RCRA
CWA, Title 18
Title 18
CWA, Title 18
CWA
RCRA
Title 18, RCRA
CWA
RCRA
CERCLA
Title 18
RCRA
CWA
RCRA, CERCLA
RCRA, Title 18
RCRA
85
91
83
86
87
89
86
86
87
89
89
92
89
89
91
87
91
92
88
92
91
85
86
83
92
92
85
90
86
28
155
8
43
58
101
30
30
53
112
112
195
121
121
158
62
158
191
93
193
154
28
34
6
194
192
28
136
41
III G & Erie Associates
VI Norbert E. Gall
IV Gardinier, Inc.
Ill George H. Garson
IV George Gary
IV Gaston Copper Recycling, Corp.
IV Claude H. Gehman
IV General Metals Fabricators, Inc.
IV General Wood Preserving Co., Inc.
I Terrence Geoghegan
III Georgia Bonded Fibers, Inc.
CERCLA, CAA
Title 18
CWA
CWA
RCRA, Title 18
RCRA, Title 18
CWA, Title 18
RCRA, Title 18
RCRA
CWA
CWA, Title 18
92
86
88
85
86
92
86
90
89
87
186
30
93
23
16
190
36
142
106
57
32
VI
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
I
III
VII
DC
DC
VIII
III
VI
VI
IV
II
IV
X
VI
VI
VI
VI
I
X
VI
VI
VII
I
VII
X
III
VI
VIII
IV
IV
DC
VI
VI
III
I
IV
VII
VIII
III
VIII
Defendant(s)
lakovos Georgoudis
Carl G«pp
Jerold Gershon
(dba Chemical Commodities, Inc.)
Marion Getzwiller
Polly Getzwiller
Frank R. Giardino
John Gibble
Mark Kevin Gibson
Herman Goldfaden
Eugene Milton Goldfuss
Harris Goldman
Reginald Max Goldsmith
Edward R. Golinski
Albert S. ("Junior") Goodner, Jr.
Dennis J. Goodner
Goodner Bros. Farms, Inc.
Goodner Brothers Aircraft, Inc.
Robert F. Goodspeed
Jeffrey A. Gordon
Donald Gore
Edwin Lombard Gorham
Christopher Gosch
W.R. Grace & Co.
Arnold Graham
Jerry Graham
Samuel Gratz
Vermund Gravdal
Great Western Inorganics, Inc.
Arthur Greer
Clyde Griffith
Joseph A. Gross!
Helge Grotle
Lee B. Grubbs
Walter Grzelak
Robert Gustafson
Eldon Hall
John M. Hall
Raymond V. Hall
Halle Marina, Inc.
Jay Hamburg
Law(s) Charged
G (cent.)
CWA
CWA, RCRA
RCRA
CWA, RHAA
CWA, RHAA
RCRA, Title 18, CWA
Title 18
FIFRA, Title 18
CWA, RCRA, Title 18
RCRA
RCRA, CERCLA
RCRA, Title 18
CWA, Title 18
CWA, CERCLA, Title 18
RCRA
CWA, CERCLA, Title 18
RCRA
CWA, CERCLA, Title 18
RCRA
CWA, CERCLA, Title 18
RCRA
CWA, RCRA, CERCLA
State Laws - Washington
(RCRA)
CWA, Title 18
FIFRA, Title 18
TSCA, Title 18
Title 18
CWA, Title 18
TSCA, CERCLA
RCRA, CWA
CWA, RCRA, Title 18
RCRA, Title 18
RCRA, CERCLA, Title 18
RCRA, Title 18
CAA
CWA, RCRA, Title 18
RCRA, Title 18
CERCLA, CAA
CWA, TSCA
a
Title 18, RCRA
RCRA, CERCLA
RCRA, FIFRA
CWA
RCRA, Title 18
FY
89
88
89
92
92
87
92
92
90
92
91
91
88
91
91
91
91
83
90
87
92
89
87
86
84
92
87
90
86
90
88
87
88
92
85
92
91
92
91
86
Page No
117
90
119
186
186
58
193
195
130
189
159
152
84
150
150
150
150
2
144
68
195
66
55
50
11
182
68
136
35
143
86
68
72
186
24
193
170
174
169
49
Vll
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)
Law(s) Charged
FY
Page No.
H (cont.)
IV D. Michael Hamm
VI Donald Hammerly
VIII Hansen Containers Company, Inc.
VIII Christian E. Hansen, Jr.
VI Dale Lynn Harris
IV Everett 0. Harwell
IV Charles A. Hassler
VII Jack R. Hawk
IV Carson Hay
V Neville Thomas Hayes
VII Sharon Hayes
IV Hayes International Corp.
VI Mark Burke Haymes
VI V. Randy Heath
X Peter Hedegard
IV James H. Hedrick
IV Arthur G. Heinel
VIII James B. Hellman
IV Richard L. Herr
III Barry Hess
IX Richard Heuer
IV Jesse V. Hickman
X Orval J. High
VII Harold C. Higman (aka Bud Higman)
VII Harold C. Higman, Jr.
VII Higman Sand and Gravel, Inc.
VIII Willie Frank Hines
IX Hi-Shear Technology
(aka Defense Systems Corp.)
IV Hi-Tek Polymers, Inc.
X Douglas G. Hoflin
DC Eugene Holderness
IV James Holland
IV Onis L. Holley
IV Holley Electric Corp.
IV Floyd C. Holloway
IV Sidney R. Holm
II Hope Resource Recovery, Inc.
II Jack W. Hopkin?
X Jonathon E. Howard
V Steve Howell
X Charles D. Hudson
IV A. Dean Huff
VIII Donald C. Hughes
VIII Humane Coyote Getters, Inc.
IV James R. Hunt
IV Steven Michael Hutchison
VIII Charles Vesta Hyatt
TSCA, Title 18
Title 18
RCRA
CAA
Title 18
RCRA, CERCLA, Title 18
RCRA, CERCLA
CWA
CWA
Title 26
Title 18
RCRA, Title 18
FIFRA, Title 18
Title 18, RCRA, CWA
CWA, Title 18
RCRA, Title 18
RCRA, Title 18
Title 18
Title 18, RCRA
Title 18, CWA
RCRA, Title 18
Title 18, RCRA
CWA, Title 18, CERCLA
RCRA
RCRA
RCRA
Title 18
RCRA, Title 18
Rivers & Harbors Act
RCRA, CWA
RCRA, Title 18
CWA, Title 18
TSCA, Title 18
TSCA, Title 18
TSCA
CWA, Title 18
CAA
RCRA, CWA, Title 18
State Law of Oregon
(TSCA)
CAA, CERCLA
CWA, RCRA, Title 18
CAA, CERCLA
RCRA, Title 18
RCRA, FIFRA
RCRA
RCRA
CWA, RCRA, Title 18
84
92
92
92
92
86
90
89
90
92
89
84
92
92
86
84
92
88
92
92
91
92
88
92
92
92
85
91
92
86
91
84
83,84
83,84
84
91
86
83
92
92
84
90
87
92
92
89
87
12
194
192
192
194
37
144
108
141
189
66
19
195
191
37
14
190
94
173
192
167
173
84
174
174
174
27
167
194
31
167
12
9
9
12
165
50
6
180
195
17
137
58
174
171
105
60
vni
-------
SUMMARY OF PROSECUTION'S
ALPHABETICAL INDEX (cont.)
Region
IV
III
VI
I
IV
IV
V
X
EX
X
X
VI
VI
VI
X
VII
VI
II
II
II
I
VII
X
II
VI
VI
III
X
II
DC
X
V
VI
VIII
IV
III
IX
II
IV
IV
VI
VI
DC
Defendant(s)
Hy-Tex Marketing, Inc.
Peter lacavazzi
Inman & Associates, Inc.
International Paper Company
The Intertech Group
Mark Irby
J&J Investments
Laverne Evelyn Jacobsen
Charles Edgar James
JANCO United, Inc.
Sam Jenkins, Jr.
Harald Jensen
Tor Johansen
Roy Johnsen
Donald D. Johnson
James Johnson
James E. Johnson
Peter Johnson
Richard I. Johnson, Jr.
Richard I Johnson, Sr.
Richard S. Johnson
Stephen L. Johnson
Wendall Wayne Johnson
Johnson & Towers, Inc.
Mark E. Jones
Terry Wayne Jones
Paul Tudor Jones II
Frank J. Jordan
Kenneth Kaminski
Harold Karp
Willard L. Kaser
William Keagle
Gary A. Keating, Sr.
Keebler Corporation
Ray Kelley
Michael Kelly
Dennis Kidwell
Frederick C. Kiesinger
John L. Kinzeler
William Kinzeler, Jr.
Norman Richard Kirkham
Carol K. Kisamore
Erie Kitagawa
Law(s) Charged
I
RCRA, Title 18
CERCLA
CERCLA
RCRA
RCRA
CWA
J
SDWA
State Law of Oregon
(TSCA)
CWA, Title 18
CWA
CWA
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, CERCLA, Title 18
CWA, RCRA, Title 18
CWA
RCRA, Title 18
CWA
RCRA, Title 18
RCRA, Title 18
CWA, Title 18
CWA
RCRA, Title 18
RCRA, CWA, Title 18
Title 18
Title 18
CWA
CWA, Title 18
fi
RCRA, CERCLA, Title 18
RCRA, Title 18
CWA, Title 18
CERCLA, Title 18
CWA, Rivers & Harbors Act
CERCLA
RCRA, Title 18
CAA, CERCLA
RCRA
CWA, CERCLA
CWA
CWA
RCRA
RCRA, Title 18
RCRA
FY
92
83
90
91
90
90
90
92
92
86
86,88
87
87
87
84
87
92
86
92
92
83
89
86
83
92
92
90
92
88
91
86
92
90
86
84,86
92
86
86
83
83
92
88
88
Page No
190
1
132
166
147
143
139
180
192
37
42
68
68
68
17
63
181
7
181
181
2
100
40
6
195
195
138
171
94
167
45
184
140
43
19,20
174
41
44
1
1
187
72
85
IX
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont)
Region
Defendant(s)
Law(s) Charged
FY
Page No.
K (cont.)
VI John E Klein
VI Klein P.C., Inc.
X William Knick
VII Dale L. Knoedler
II Felix Konstandt
II Konstandt Laboratories, Inc.
Ill James C. Kostelni
VI Timothy Kram
III Freeman Krum
VI Robert T. Kruse
Title 18
Title 18
TSCA, CERCLA
CWA
Title 18
Title 18
CWA, Title 18
FIFRA, Title 18
TSCA, CFR
RCRA, Title 18
92
92
84
85
90
90
86
92
87
195
195
11
23
123
123
32
195
57
72
III Lackawanna Refuse Removal, Inc.
IV Joseph L. Lahiff
DC Sam Lam
I Domenic Lamara
I Phil J. Lambert, Inc.
I Phil J. Lambert, Jr.
VI Bjoern Landoey
III Daniel J. Lasdon
III Daniel J. Lasdon Real Estate
V Michael Laska
II Kenneth Laughlin
VI Brigitte G. Laurus
I Peter Lauzon
IV Larry Clay Lavender
III Daniel LaVietes
V Thomas David LaViolette
I AC. Lawrence Leather Co., Inc.
VIII Layton Brothers Drum Co., Inc.
HI Frank H. Leaman
V Charles LeBeau, Jr.
VIII Joel H. Lederman
V Hasper Leggett
VIII Leigh Industries
VIII Leigh-Denver Industries
III Robert Lentz
VIII Michael Levine
III Sidney S. Levy
I Bertha Lewis
I Murray L. Lewis
X Eliot Laurence Lieberman
VIII William T. Liggett
DC Antonio C. Limtiaco
DC AC. Limtiaco, Inc.
X Terry D. Lingle
V David Lloyd
VIII Henry Kelly Logan
Title 18
Title 18, RCRA
State Law of California
Hazardous Waste
CWA
Title 18
Title 18
CWA, RCRA, Title 18
CERCLA, CAA
CERCLA, CAA
CAA, CERCLA
RCRA, CERCLA
CAA, Title 18
SDWA, Title 18
RCRA
CWA, Title 18
RCRA, Title 18
CWA, Title 18, RCRA, CERCLA
RCRA, HMTA, RHAA, Title 18
CERCLA, RCRA, Title 18
TSCA
Title 18
TSCA
RCRA
RCRA
CWA, RCRA
Title 18
RCRA, CWA, Title 18
SDWA, Title 18
SDWA, Title 18
FIFRA, Title 18, FFDCA
RCRA
CERCLA, TSCA, Title 18
CERCLA, TSCA, Title 18
RCRA, Title 18
CWA
(RCRA)
83
92
91
91
90
90
87
92
92
92
91
86
91
91
86
86
83
85
92
86
88
90
87
87
88
90
90
91
91
88
92
90
90
92
92
91
1
173
165
152
126
126
68
186
186
195
159
30
151
163
32
34
2
27
193
51
94
133
59
59
90
139
146
151
151
76
195
125
125
177
188
157
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)
Law(s) Charged
FY
Page No
L (cont.)
VI John J. LoMonaco
II Joseph Long
X Merlin D. Long
DC Ignacio Lopez
IV Louisville Edible Oil Products, Inc.
(aka Louisville E.O.P., Inc.)
IV Louisville and Nashville Railroad
V Frank Lynch
I MacDonald and Watson Waste Oil Co.
X Judith MacLean
X Lachlan MacLean
IX Donald Manning
IV Mark Malka
I Marathon Development Corp.
Ill Dennis Marchuk
DC Albert Mardikian
DC Garo Mardikian
DC Thomas W. Mariani
DC Guillermo Marin-Orosco
DC Rogelio A. Marin-Sagristo
X Marine Power and Equipment, Inc.
VI Marine Shale Processors, Inc.
VII Maritz, Inc.
X Paul Warren Marquardson
IV Raymond Carl Marrillia, Jr.
(aka Sammy Marrillia)
I Weymouth E. Marshall
III Ernest R. Martin
IV Maryland Assemblies, Inc.
Ill Lewis Maslow
VI Gary A. Masson
II John Mastrobuono
VI Brownie C. McBride
X Gary McCourt
II John McDonald
IV John H. McDonald
VII Rodney A. McFadden
DC Lavell Mclntyre
I Robert McKiel
I Scott McKiel
VI Timothy Scott McLeod
VI John McMichen
IV William F. McMurray
K Ronald McNiel
III John Meighan
V John J. Melle
DC Melody Knitting Mills, Inc.
Title 18, RCRA
CAA, Title 18
RCRA, Title 18
RCRA
CAA, CERCLA
CWA
Title 18
M
RCRA, Title 18, CERCLA
RCRA
RCRA
CWA, Title 18
CWA, Title 18
CWA
CAA, CERCLA
Title 18
Title 18
CWA, Title 18
Title 18
Title 18
CWA, RHAA
RCRA, RHAA
CWA, Title 18
CAA
CAA, CERCLA
CWA, CERCLA
RCRA, Title 18
Title 18, RCRA
RCRA, CWA, Title 18
CAA, Title 18
Title 18
CWA, FFDCA, Title 18
RCRA, FIFRA, Title 18
Title 18
RCRA
CWA
CWA
CWA, RCRA
CWA, RCRA
CAA, Title 18
TSCA
CWA, MBTA
TSCA
RCRA
CERCLA, RCRA
CWA, Title 18
92
91
92
92
90
83
87
177
164
177
188
137
1
56
88
92
92
92
86
87
92
86
85
91
86
86
86
89
84
91
90
83
88
92
90
88
89
87
90
89
88
91
86
89
89
86
90
91
87
90
90
92
73
192
192
192
36
57
174
26
26
153
43
43
47
117
14
163
137
2
71
173
146
92
99
53
149
114
81
154
51
102
102
41
132
169
56
127
123
189
XI
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)
Law(s) Charged
FY
Page No
M (cont.)
VI George Timothy Mercier
IV Albert R. Mersberg
HI Metro Container Corporation
III Metro Enterprise Container
VI Metro Technology, Inc.
IV Frank Reed Metts
VII John Meyer
IV Chet Meyers
X Ronald William Meyers
IV Midlands Utility, Inc.
VI Gerald Mikolaichik
VIII Steven F. Miller
IV Carey C. Mills
IV Dale J. Mills
IV Dale Mills & Associates, Inc.
IV George Mills
IV Ocie Mills
VI Richard M. Mims
V Sam Minor
X Nina E. Mirich
I W. John Mitchell, II
V Ernest J. Mondron
V Montgomery Tank Lines, Inc.
IV George Moore
IV Kevin George Moore
III Francis S. Moose
VII John Moran, Jr.
DC Robert E. Morrison
VIII Neil Moser
VII Marvin Mueller
IV Steve Murphy
X Eric Myers
X Nabisco Brands, Inc.
VI Larry E. Nance, Sr.
Ill Nanticoke HomeB
I Narragansett Improvement Co.
II National Carting, Inc.
I Nedmarc, Inc.
X John Charles Nelson
VIII John M. Nelson
V Andrew L. Neulander
K Neville Chemical Co.
VI Robert B. Newell
VII Jim D. Newman
CAA, Title 18
RCRA
RCRA, CWA, Title 18
RCRA, CWA, Title 18
Title 18
CAA, CERCLA
CAA
Title 18, RCRA
RCRA
CWA
FIFRA, Title 18
Title 18, CWA, CERCLA
CWA, RHAA
CWA, Title 18
CWA, Title 18
RCRA, CERCLA
CWA, RHAA
RCRA
RCRA, Title 18
State Law of Oregon
(TSCA)
SDWA, Title 18
TSCA, Title 18
CERCLA, Title 18
CWA
CWA
CWA
Title 18
RCRA, Title 18
RCRA, Title 18, CERCLA
RCRA, CERCLA
Title 18, RCRA
CWA, Title 18
tt
CWA
RCRA, Title 18
RCRA, CERCLA
RCRA, Title 18, CERCLA
Title 18
RCRA
State Laws - WA
(RCRA)
RCRA
CWA
RCRA
State of Louisiana
Hazardous Waste
CWA
86
90
90
90
92
90
87
92
92
92
92
90
89
91
91
84,85
89
85
91
92
91
86
92
91
91
87
87
90
86
91
92
86
86
92
91
88
89
92
90
86
92
86
92
85
41
147
146
146
195
137
58
193
176
180
195
145
98
165
165
21
98
29
153
180
151
33
184
162
162
70
61
141
50
170
193
37
45
181
161
73
114
173
144
44
172
40
185
23
XII
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)
Law(s) Charged
FY
Page No
N (cont.)
VI Terry Lynn Newsom
IV Glenda Newsome
II New York Bus Service
II New York Environmental Contractors, Inc.
VIII NIBCO, Inc.
X Kevin J. Nice
X Douglas T Niemann
V Cory Niezgoda
VI Terje Nikoe
V Donna Nims
VII Dennis W. Nix
VI Haavar Nordberg
I North Bennington, VT Board of Water
Commissioners
III Northeastern Land Development Co.
I Kenneth R. Nugent
II Howard J. Nybo
X Chorine Kasema Mackenzie Nzau
(aka Kasema Mackenzie)
FIFRA, Title 18
RCRA, Title 21
CWA
Title 18
RCRA
State Laws - Washington (RCRA)
State Court - Washington (RCRA)
CERCLA, Title 18
CWA, RCRA, Title 18
RCRA, CERCLA, Title 18
TSCA
CWA, RCRA, Title 18
SOW A, Title 18
CERCLA
Title 18
CWA, CERCLA
RCRA, Title 18
92
91
91
90
91
92
87
91
92
87
91
83
92
86
88
195
156
159
114
111
144
157
184
68
155
176
68
151
1
178
44
96
IV Ocean Reef Club, Inc.
I Ocean Spray Cranberries, Inc.
VI Odfjell Westfal Larsen (USA), Inc.
II Stephen E. Offerman
I Michael O'Laughlin
X Olympus Terrace STP
III Orkin Exterminating Co., Inc.
X Lawrence Ostler
III Overland Corporation
CWA, Title 18 86
CWA 88
CWA, RCRA, CERCLA, Title 18 87
RCRA 92
RCRA, Title 18 88
CWA 89
FIFRA 88
CWA 89
RCRA, Title 18 88
36
77
68
186
73
108
81
108
71
II Angelo Paccione
V Patrick W. Paciesas
VIII Pacific Enterprises Oil Company (USA)
X Pacific Hide & Fur Depot, Inc.
X Panama Machinery & Equipment Co., Inc.
I William J. Pandozzi
X William Parks
IV Charles B. Parnell
IV Nicholas Pasquariello
III Irwin Pearlman
X Pennwalt Corp., Inc.
IV Performance Advantage, Inc.
VII Patrick E. Perrin
VI Edward Stanley Peterson
VII William E. Pieber
VII Pillsbury Company
V Pioneer Plating Co., Inc.
Title 18
TSCA
RCRA, Title 18
TSCA, CERCLA
RCRA, Title 18
Title 18
Title 18
CWA
CWA, Title 18
CAA
CWA, Title 18, CERCLA
RCRA, CERCLA, CWA
TSCA, Title 18
Title 18
CWA
CWA
CWA
87
92
84
92
88
86
92
90
87
88
84
87
92
84
91
90
114
64
178
11
177
73
45
180
124
52
84
19
65
194
14
154
127
Xlll
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont)
Region
VI
V
V
II
IV
VII
V
IV
IV
III
III
IV
I
VII
VIII
V
III
X
V
IV
III
Defendant(s)
Larry Pipkin, Jr
John Pizzuto
John PI an tan
Plaza Health Laboratories, Inc.
Ray R. Pleasant
Merlyn Pollock
Pollution Control Industries of America,
Norman Porter
Russell A. Post
Gary L. Powell
John Pozsgai
Presidential, Inc.
Progressive Oil Company
Duane Prorok
Protex Industries, Inc.
Kevin P. Prunsky
Publicker Industries, Inc.
PureGro Company, Inc.
Jeffrey Pytlarz
Quad-Tex Oil & Gas Company, Inc.
Quality Research Labs, Inc.
Law(s) Charged
P (cont.)
CWA, RCRA, Title 18
Title 18
TSCA, Title 18
CWA
CWA, MBTA
TSCA, RCRA
Inc. Title 18
CWA, Title 18
CWA, Title 18
TSCA, Title 18
CWA
CAA, CERCLA
CWA
CWA
CWA, RCRA, HMTA, Title 18
Title 18
RCRA
RCRA, FIFRA, Title 18
CWA
fi
CWA
RCRA, CERCLA
FY
87
90
88
89
91
87
89
92
86
89
88
90
89
89
87
89
88
90
92
91
83
Page No.
68
133
65
110
169
62
109
187
36
116
97
137
99
108
60
109
71
149
172
167
7
aka Commercial Research Labs
Queen Products Company, Inc.
IV R-M Engineered Products Co., Inc.
IV R-M Industries, Inc.
IV RAD Services, Inc.
V Robert W. Rafferty
X Gary Rager
III Robert Ramagosa
III William Ramagosa, Jr.
IV Shawn Lee Rawls
IV Recticel-Foam Corporation
(aka Foame* L.P.)
DC Charles A. Reeves
VIII Clayton Regier
VII Reidy Terminal, Inc.
Ill William P. Reilly
V Roderick Warren Reiser
DC Chester F. Reiss, Sr.
VI Idar Remman
VIII Reliable Sanitation Service
X James A. Repman
IV Resource Consultants, Inc.
DC Eduardo Reyna
RCRA 91
&
RCRA 90
CWA 90
RCRA, Title 18 86
TSCA, Title 18 83
CWA 89
CWA 91
CWA 91
RCRA, Title 21 91
Title 18, RCRA 92
CWA, Title 18 91
TSCA, CERCLA 92
RCRA 87
Title 18 92
RCRA, Title 18 86
CAA, CERCLA, Title 18 88
CWA, RCRA, Title 18 87
State Law, Colorado, Haz. Wste. 91
CWA 88
CWA, Title 18 92
RCRA 92
160
147
125
16
10
111
163
163
156
193
153
194
63
191
34
86
68
168
96
187
194
xiv
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)
Law(s) Charged
FY
Page No
R (cont.)
VI Irvin Ricks
X Riedel International, Inc.
X David R. Rieman
VIII Jay Allan Ringler
I Faust Ritarossi
VIII Rockwell International Corporation
VIII Rocky Mountain Materials and
Excavating, Inc.
VI Magne Roedland
VI Jimmie D. Rogers
IV Rachel E. Rogers
X Rogue Valley Circuits, Inc.
X Ronald Rollins
I Emmett Ronayne
VI J. Keith Rose
II Rosedale Carting, Inc.
II Joseph Rosinski
VII Eric D. Roth, Sr.
V Stewart Roth
V John R. Ruetz
III Samuel Runfola
VIII Bud Rupe
V John W. Rutana
State Law of Louisiana
CWA
RCRA, Title 18
State Laws of Colorado (RCRA)
RCRA, Title 18
RCRA, CWA
CWA
CWA, RCRA, Title 18
Title 18, (SDWA)
Title 18, RCRA
RCRA
FIFRA, MBTA
CWA, TSCA, RCRA, CERCLA,
Title 18
Title 18, RCRA, CWA
Title 18
RCRA, Title 18
CWA, Title 18
CWA, Title 18
RCRA, CWA, Title 18
RCRA, Title 18
TSCA, CERCLA
CWA, Title 18
92
88
92
90
88
92
86
87
92
92
91
88
85
92
89
92
85
90
90
88
92
89
185
96
177
146
73
183
39
68
175
173
161
91
24
131
114
181
27
140
147
71
194
112
V Richard W. Salvati
IV Sanchez Enterprises, Inc.
IV Jean P. Sanchez (aka John Sanchez)
IV Joseph P. Sanchez
IV Johnny Sanders
I Saunders Asbestos Service
DC Sbicca of California, Inc.
DC Dominic Sbicca
I Nicholas Sciarra
IV Arthur Sciullo
X George Scofield Company, Inc.
I SCA Chemical Services (MA), Inc.
X Thomas Scott Schlickeiser
V Robert E. Schloesser
X Paul D. Schwitters
II SCI Equipment and Technology, Ltd.
DC Roger Scoggins
IV Don A. Scruggs, Jr.
V Barry Seace
X Sea Gleaner Marine, Inc.
VI Johan Seale
X Sea Port Bark Supply, Inc.
CAA, CERCLA, Title 18
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
CWA, Title 18
CWA
RCRA
RCRA
Title 18
RCRA, Title 18
CWA
CERCLA
State Law of Oregon
(TSCA)
RCRA, CWA, Title 18
CWA
Title 18
Title 18
RCRA, Title 18
RCRA, CERCLA, Title 18
CWA
CWA, RCRA, Title 18
CWA
89
90
90
90
92
91
92
92
88
86
88
84
92
90
86
86
86
88
91
86
87
86,88
120
142
142
142
187
152
194
194
87
16
91
21
180
147
47
38
49
82
155
47
68
42
xv
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont)
Region
Defendant(s)
Law(s) Charged
FY
Page No
S (cont.)
Ill Carol Sedney
III Timothy Sedney
IV Daniel J. Seeman
X Mario Segale
X M.A. Segale, Inc.
VIII Barry A. Seldin
VIII Steven M. Self
X Sellen Construction Co., Inc.
V Sentco Paint Manufacturing Co., Inc.
X Beatriz Faith Shanahan
X Franklin M. Shanahan
V Ronald C. Shawl
K George W. Shearer
VII Shell Pipe Line Corporation
III Shenango, Inc.
I John Shepardson
VIII Danny Shiflar
V Richard Shumaker
K John Sidwell
II Signo Trading International, Ltd.
VIII Signs, Inc.
II Duane Simmons
VI Hilmar Skar
I Fran Slade
VIII Martha Slusser
VIII Martha Jane Slusser
VIII Michael Slusser
IV David Smith
IV Norman F. Smith
X Sherman Smith
VIII William F. Smith, II
V Laddie F. Snyder
III Salvatore A. Sortino
IV Southern Dredging Company
IV South wire Company
IV Spartan Trading Co., Inc.
DC Michael Robert Speach
VII Spirtas Wrecking Company, Inc.
X W.B. Sprague Co., Inc.
X Robert Squyres
III Anthony St. Angelo, Sr.
Ill Harry G. Stafford
II Stage Carting, Inc.
IV Timothy L. Stan ton
X Steven Steed
I Alan Stevens
I Stevens Analytical Laboratories, Inc.
IV Eugene Stewart
IV Stoller Chemical Co., Inc.
CWA
CWA
RCRA
CAA
CAA
Title 18
Title 18, CWA, CERCLA
CWA
RCRA, Title 18
FIFRA, Title 18, FFDCA
CWA, Title 18
TSCA
Title 18
RHAA
CWA
CWA
RCRA
RCRA, Title 18
Title 18
Title 18
State Law - Colorado
CWA
CWA, RCRA, Title 18
RCRA, Title 18
TSCA, CERCLA
Title 26
TSCA, CERCLA
RCRA
Title 18
CWA, RHAA
Title 18
TSCA, Title 18
CWA
CWA, Title 18
RCRA, Title 18
RCRA, Title 18
RCRA
TSCA, Title 18
FIFRA
CWA
RCRA
TSCA, Title 18
Title 18
Title 18, RCRA
RCRA, FIFRA, Title 18
Title 18
Title 18
Title 18, RCRA
RCRA, Title 18
92
92
90
85
90
89
91
88
86
92
92
89
86
86
91
86
87
88
92
91
92
84
86
86
92
91
92
88
90
92
84
88
91
89
89
92
90
92
92
92
92
190
190
147
22
22
94
145
111
153
76
84
80
43
179
80
102
195
104
49
38
157
44
68
73
194
164
194
19
35
110
94
33
192
158
190
81
146
135
17
91
165
116
114
173
149
182
182
173
190
xvi
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
IV
I
IV
III
III
X
X
V
X
III
III
III
VII
Defendant(s)
Stoller Mil • Division of Stoller Chemical
Company, Inc.
Francis E. Stone
Sam L. Story
Glenn L. Stover, Jr.
Michael T Strandquist
Barbara A. Strecker
James S. Strecker, Jr.
John Suerth
Ronald E. Summers
Sunnylands, Inc.
Sunrise Excavation, Inc.
Sunrise Ventures, Inc.
Roger Swenson
Law(s) Charged
S (cont.)
RCRA
CWA, Title 18
CERCLA
Title 18
CWA
Title 18
Title 18
RCRA, Title 18
CWA
CWA
CWA
CWA
CWA
FY
9-2
83
91
92
91
87
87
85
88
91
91
91
85
Page No
190
2
158
193
169
54
54
22
96
163
163
163
23
X Richard Allen Taggert
VIII Ross L. Talbott
VIII Ross M. Talbott
VI Melvin Seng Tan
III Robert Tann
IV John H. Taylor, Jr.
IV Taylor Laboratories, Inc.
Ill Terry Lee Tebben
VI R.C. Tercic
IV Tern, Lori, Chris, Inc.
IV Ron S. Terry
DC Arthur Thomas
VII Dwight Thomas, Jr.
I K.W. Thompson Tool Co. Inc.
IV Alvin P. Tiedemann
X Eugene F. Tienken
II Joseph Tietelbaum
IV TLC, Inc.
DC Robert S. Torok
V Transformer Services (Ohio), Inc.
VIII Transit Mix Concrete Company, Inc.
DC Tratamientos Petroquimilos
X Alfred H. Treleven
X Laurence R. Treleven
III Phillip F. Trembley
IV Edwin Eugene Trout
X Tualatin Industries, Inc.
II Albert S. Tumin
X Daniel Lee Turner
X Charles Tuttle
IV Jerry Tyler
RCRA
FIFRA
FIFRA
FIFRA, Title 18
CAA, CERCLA
RCRA, Title 18
RCRA, Title 18
Title 18
CWA, Title 18
RCRA, Title 18
CWA
CWA
TSCA, Title 18
CWA, TSCA, RCRA, CERCLA,
Title 18
RCRA
TSCA, HMTA, Title 18
RCRA, Title 18
RCRA
CAA, Title 18
TSCA, Title 18
CWA
Title 18
FIFRA, MBTA
FIFRA, MBTA
RCRA
RCRA, Title 21
RCRA
RCRA, CERCLA, Title 18
RCRA, CERCLA
TSCA, HMTA, Title 18
CWA
85
85
85
92
92
88
88
91
87
84
91
90
88,89
85
90
84
87
84
88
83
89
86
84
84
88
91
92
87
87
84
91
25
23
23
195
174
83
83
168
68
14
167
133
65,66
24
147
13
57
15
86
10
99
43
17
17
93
156
192
62
52
13
166
XVll
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont)
Region
VIII
IV
I
I
V
K
Defendant(s)
Unichem International, Inc.
United States Sugar Corp.
United Technologies Corporation
(Sikorsky Aircraft Division)
USM Corporation
U.S. Plating Corporation
U.S. Technology and Disposal Service, Inc.
Law(s) Charged
II
RCRA
RCRA
RCRA
CWA
CWA
Title 18
FY
90
92
91
87
90
86
Page No
145
172
164
52
127
43
VII Valmont Industries, Inc.
I Vanderbilt Chemical Corp.
V John Van Hoesen
IV Jim Van Hooser
X Gary Van Lorn
VI Theodor Vasset
I Robert Veltre
V Venus Laboratories, Inc.
VII James Vermillion
VIII Roger Vernon
I Peter Vileisis, Jr.
II Geronimo Villegas
V Edward Viola
IV Edward Viola
IV Edward W. Viola
VI Barry Voight
II Anthony Vulpis
II Vulpis Brothers, Ltd.
CWA
RCRA, Title 18
RCRA
Title 18, RCRA
TSCA, HMTA, Title 18, CERCLA
CWA, RCRA, Title 18
Title 18
CWA
RCRA, Title 18, CWA
RCRA, Title 18
CAA
CWA
RCRA, CERCLA, Title 18
Title 18, RCRA
Title 18, RCRA
FIFRA, Title 18
Title 18
Title 18
89
89
85
92
84
87
88
85
88
90
85
89
91
92
92
92
89
89
108
107
22
193
13
68
87
25
92
136
28
110
155
173
173
195
114
114
II W&W Properties
EX Nancy Berry Walker
III Russel L. Walker
III Edwin A. Walter
VIII The Bill Walters Companies
VI Keith G. Ward
X Washington Boat Center
I Waterbury Houfte Wrecking Co., Inc.
IV Glenn Weatherbee
IV Glenn Weatherbee Supply, Inc.
VIII Weaver Electric Co.
IV Robert D. Weaver
I Websterville Fire District #3 -
The Prudential Committee
II Fred E. Weiss
EX Michael H. Weitzenhoff
EX Charles E. Welch
EX Eugene Welch
Title 18
Title 18, (SDWA)
CERCLA
RCRA, CWA
CWA
Title 18, RCRA, CWA
CWA, Title 18
CAA
SDWA
SDWA
TSCA, CERCLA
RCRA, Title 18
SDWA, Title 18
Title 18
CWA, Title 18
RCRA
TSCA
89
92
92
91
89
92
91
91
92
92
91
89
91
90
87
114
183
193
170
101
191
46
28
156
156
194
190
151
114
153
146
56
XVlll
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)
Law(s) Charged
FY
Page No
W (cont.)
V J. Welch & Sons, Inc
V Laurence M. Welch
IV Welco Plating, Inc.
I John Wells
VI Robert Wells
I Wells Metal Finishing, Inc.
V Tracy Westfall
X Weyerhaeuser Company
(Weyerhaeuser Sawmill - Aberdeen)
X Betty Rose White
X Jack White
VI Henry R. White
VI Jack E. White
VI James Gary White
VI Edward F. Wiatt
VI Bjorn Wikum
X Bert Michael Willard (aka Mike Willard)
II Will & Baumer, Inc.
Ill William E. Willey
VI Phillip Anthony Williams
III Salvatore C. Williams
VIII Donald James Wilson
IV Stanley Winborne, Jr.
VI William W Windham
VII Wisconsin Barge Line, Inc.
X Peter F. Woeck, II
X Richard C. Woeck
V Edmund Woods
V Jay Woods Oil, Inc.
VI Lee S. Woodside
III Daniel Workman
IV Stephen Douglas Worley
VI Gerald Wright
X The Wyckoff Company, Inc.
RCRA
RCRA
RCRA, CERCLA, CWA, Title 18
CWA
RCRA
CWA
TSCA, CERCLA
CWA
State Law of Oregon (TSCA)
RCRA, FIFRA, Title 18
FFDCA, Title 18
CWA, FFDCA, Title 18
RCRA
CAA
CWA, RCRA, Title 18
CERCLA
CWA, CERCLA, RCRA, Title 18
RCRA
Title 18
CAA
CWA, RCRA, CERCLA, Title 18
RCRA
CWA
CWA
CWA, Title 18
CWA, RHAA, Title 18
Title 18
Title 18
Title 18
Title 18
RCRA, Title 21
Title 18, (SDWA)
CWA, RCRA, Title 18
83
83
88
89
90
89
90
91
92
90
87
87
92
87
87
90
86
89
86
87
87
89
89
87
86
86
87
87
88
91
91
92
84
10
10
78
113
149
113
143
157
180
149
53
53
194
31
68
140
44
100
30
52
60
105
104
63
47
47
56
56
92
168
156
175
17
III Barak Yaron
HI Michael Yaron •'
III York Metal Finishing Company
RCRA, CERCLA
RCRA, CERCLA, Title 18
RCRA, CWA
83
83
91
7
7
170
V Ronald Zega
V Herman Zeldenrust
VI Paul D. Zimmerman
VII Randy Zimmerman
III Steven Zubrin
DC Tony George Zulim
III Steven J. Zurkowsky
CERCLA, Title 18
TSCA
RCRA
FIFRA
RCRA, CWA, Title 18
CWA
CAA, CERCLA
92
83
90
83
90
90
92
184
9
149
9
146
133
171
xix
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont)
Region Defendant(s) Law(s) Charged FY Page No
StenUy^ fry flprkrrrf the Court
VII [Sealed] TSCA 89 118
xx
-------
Fiscal Year 1983
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket NoVCourt
Facts and Status
Columbia Marine Services, Inc.
William Kinzeler, Jr.
John L. Kinzeler
82-36
(E.D. Kentucky)
Facts: On four occasions, oil discharged near Ludlow into Ohio River
from vessel owned and operated by company.
10/13/82: Four-count indictment filed charging: the company with four
counts and William Kinzeler and John Kinzeler with one count each of
failure to report discharge of oil m violation of Clean Water Act, Sec.
311(bX5) [33 USC § 1321(bX5)].
10/25/82: Company entered plea of guilty to two counts.
10/26782: Company sentenced to $10,000 fine with credit given for $3,000
previously paid to Coast Guard. Charges against both Kinzelers
dismissed.
Louisville and Nashville Railroad
82-00146
(W.D. Kentucky)
Facts: Diesel fuel and other pollutants discharged through municipal
sewers in Louisville into POTW (creating hazard of fire and
explosion) and Ohio River.
11/15/82: Two-count information filed charging one count discharge of
pollutants without permit in violation of Clean Water Act, Sees. 301(a),
309(c)(l) and 402 [33 USC §§ 131 Ha), 1319(c)(l) and 1342]; and one count
discharge of pollutants into POTW in violation of pretreatment
standards, in violation of Clean Water Act, Sees. 301(a), 307(d), and
309(c)(l) [33 USC §§ 1311(a), 1317(d), and 1319(cXD].
11/16/82: The company pled guilty to both counts and was sentenced to
pay a $19,000 fine on each count for total of $38,000.
Lackawanna Refuse Removal, Inc.
Northeastern Land Development Co.
Peter lacavazzi
82-00173
(M.D. Pennsylvania)
Facts: Industrial sludges and wastes deposited at Old Forge Borough
sanitary landfill site. Lackawanna denied to EPA that disposal had
occurred. lacavazzi was president of Lackawanna.
11/16/82: Two-count indictment filed charging:
Northeastern and lacavazzi - One count failure to notify of
existence of hazardous waste facility in violation of CERCLA, Sec.
103(c)[42USC§9603(c)]
Lackawanna - One count making false statements [18 USC § 1001]
04/13/83: Both companies pled guilty. Plea agreement contained
confession of liability by parties and provision whereby the companies
agreed to comply with terms of administrative order to be issued under
RCRA, Sec. 3008, ensuring that proceeds of sale of land owned by
companies would be turned over to Superfund for cleanup costs.
05/10/83: Lackawanna and Northeastern each fined $10,000. Charges
against lacavazzi dismissed upon his agreement to cooperate.
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHAKGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket NoYCourt
Facts and Status
Coastal Steel Corporation
82-0147B
(D. New Jersey)
Facts: Refuse matter, including sanitary waste and waste nnsewater
containing sulfuric acid, discharged into Woodbridge Creek
11/17/82: Information filed charging the company with 10 counts
discharge of refuse in violation of Sec. 13 and 16 of Rivers and Harbors
Appropriation Act of 1899 (Refuse Act) [33 USC §§ 407 and 4111.
11/18/82: Company pled guilty to all 10 counts.
01/13/83: Company sentenced to $20,000 fine ($15,000 suspended),
community service equal to $15,000 amount of suspended fine, and 3
years probation. If community service not performed, monetary
equivalent of amount of service to be paid as additional fine.
A. C. Lawrence Leather Co., Inc.
Lawrence K. Barber
Francis E. Stone
Richard S. Johnson
Weymouth E. Marshall
Robert F. Goodspeed
82-00037
(D. New Hampshire)
Facts: Wastewater discharged from large leather tanning facility in
Winchester into Ashuelot River in violation of NPDES permit. Plug in
pipe removed, allowing discharge to bypass facility's treatment plant
and flow directly from holding tank into river, despite fact that
company had received $238,420 from EPA in research and grant funds
for demonstrating process to meet best available treatment standards
for tanning industry covering all pollutants generated during
manufacturing operations. Marshall was president; Goodspeed, vice
president; Johnson, plant superintendent; Stone, director of
manufacturing, and Barber was former director of maintenance and
engineering.
12/15/82: 68-count indictment returned against company and
employees charging:
Company - one count conspiracy [18 USC §371]; five counts mail
fraud [18 USC § 1341]; 43 counts discharge of pollutants in violation
of NPDES permit under Clean Water Act, Sees. 301(a) and 309(c)(l)
[33 USC §§ 1311(a) and 1319(c)(l)]; 15 counts submittal of false
statements [18 USC § 1001]; and four counts making false claims to
EPA [18 USC §287]
Barber - One count conspiracy, three counts mail fraud, 43 counts
discharges in violation of Clean Water Act, one count false
statements, and four counts false claims
Stone • One count conspiracy, two counts mail fraud, 43 counts
discharges in violation of Clean Water Act, and seven counts false
statements
Johnson - One count conspiracy, two counts mail fraud, 43 counts
discharges in violation of Clean Water Act, and seven counts false
statements
Marshall - 43 counts of discharges in violation of Clean Water Act
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket NoVCourt
Facts and Status
A. C. Lawrence Leather Co., Inc.
(cont. from previous page)
A. C. Lawrence Leather Co., Inc.
Weymouth E. Marshall
Robert F. Goodspeed
Francis E. Stone
Bernard Davis
83-00007
(D. New Hampshire)
Goodspeed - 43 counts of discharges in violation of Clean Water Act
03/10/83: Individual defendants each pled guilty after Government's
opening argument at trial.
Barber and Stone - Five counts under Clean Water Act and one
count for making false statement
Marshall and Goodspeed - Five counts under Clean Water Act
Johnson - 10 counts under Clean Water Act
04/07/83: The company was convicted by jury on all counts. (See
following section for sentencing information.)
Facts: The company, Marshall, Goodspeed, Stone, and Davis, foreman
at the Winchester facility, generated, stored, and released degreasing
solvent (tetrachloroethylene) and its sludges and conspired to cover up
the fact by falsifying reports.
01/25/83: Company and individuals charged in second seven-count
indictment:
Company • Two counts of storage of hazardous waste without permit
in violation of RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)];
one count disposal of hazardous waste without permit in violation of
RCRA, Sec. 3008(d)(2)(A); two counts submittal of false statements
to EPA [18 USC § 1001]; one count failure to notify of release of
hazardous substances in violation of CERCLA, Sec. 103(b) [42 USC §
9603(b)]; and one count failure to notify of existence of hazardous
waste facility in violation of CERCLA, Sec. 103(c) [42 USC § 9603(c)]
Marshall • One count failure to notify of existence of hazardous
waste facility
Goodspeed • One count storage of hazardous waste and one count
failure to notify of existence of hazardous waste facility
Stone - One count storage of hazardous waste, one count disposal of
hazardous waste, two counts false statements, one count failure to
notify of release of hazardous substances and one count failure to
notify of existence of hazardous waste facility
Davis • One count storage of hazardous waste, one count disposal of
hazardous waste, and one count failure to notify of release of
hazardous substances
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No./Court
Facts and Status
A. C. Lawrence Leather Co., Inc.
Robert F. Goodspeed
83-00020
(D. New Hampshire)
04/29/83: Superseding information filed charging two additional
counts:
Company - One count submittal of false statements under RCRA,
Sec. 3008(d)(3) [42 USC § 6928(d)(3)l
Goodspeed - One count failure to notify of release of hazardous
substances under C ERG LA, Sec. 103(b) [42 USC § 9603(b)]
04/29/83: Company and three individual defendants pled guilty as
follows:
Company - One count storage of hazardous waste, one count disposal
of hazardous waste, one count failure to notify of release of
hazardous substances, one count failure to notify of existence of
hazardous waste facility, and one count submittal of false
statements under RCRA, Sec. 3008(d)(3)
Marshall - One count failure to notify of existence of hazardous
waste facility
Goodspeed - One count failure to notify of release of hazardous
substances and one count failure to notify of existence of hazardous
waste facility
Stone - One count storage of hazardous waste, one count failure to
notify of release of hazardous substances, and one count failure to
notify of existence of hazardous waste facility
04/29/83: Defendants sentenced simultaneously under Clean Water
Act and RCRA indictments (and superseding information) as follows:
Company - Fined under first indictment: $5,000 on conspiracy
count; $200 on each mail fraud count for sum of $1,000; $10,000 on
each of five Clean Water Act counts for sum of $50,000; $1,000 on
each false statement count for sum of $15,000; and $1,000 on each
false claims count for sum of $4,000, all totaling $75,000. Under
second indictment: $10,000 on RCRA storage count; $50,000 on
RCRA disposal count; $5,000 on CERCLA, Sec. 103(b) count; and
$5,000 on CERCLA, Sec. 103(c) count, for total of $70,000. Under
RCRA false statement count: $5,000 for grand total of $150,000 under
all charges. Company also placed on 5 years probation under each
set of charges, to run concurrently and required to repay $238,420 it
had received from EPA in federal grant funds.
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket NoJCourt
Facts and Status
A. C. Lawrence Leather Co., Inc.
(cont. from previous page)
Barber - Under first indictment only, for five Clean Water Act
counts: 1 year imprisonment (execution suspended) plus 2 years
probation and 200 hours of community service activities, and $2,500
fine on each count for sum of $12,500; for false statement count, 1
year imprisonment (execution suspended) plus 2 years probation (to
be served concurrently) and $5,000 fine for total of $17,500
Stone - Under first indictment: same sentence as for Barber.
Under second indictment: for RCRA storage count, 1 year
imprisonment (execution suspended) plus 2 years probation (to be
served concurrently) and $5,000 fine; for two CERCLA counts and
one RCRA storage count, 1 year imprisonment (execution
suspended) plus 2 years probation (also to be served concurrently),
$5,000 on RCRA count and $2,500 fine on each CERCLA count for
total of $10,000 under second indictment and grand total under both
indictments of $27,500
Johnson - Under first indictment, for 10 Clean Water Act counts: 1
year imprisonment (execution suspended) plus 2 years probation
and 200 hours of community service and $2,500 fine on each count
for sum of $25,000 with all but $5,000 suspended
Marshall - Under first indictment for five Clean Water Act counts:
1 year imprisonment (execution suspended) plus 2 years probation
and 200 hours of community service, and $2,500 fine on each count
for sum of $12,500. Under second indictment, for CERCLA, Sec.
103(c) count, 1 year imprisonment (execution suspended) plus 2
years probation (to be served concurrently) and $5,000 fine (with all
but $2,500 suspended), for grand total under both indictments of
$17,500 Gess $2,500 suspended)
Goodspeed - Under first indictment for five Clean Water Act counts:
1 year imprisonment (execution suspended) plus 2 years probation
and 200 hours of community service activities and $2,500 fine on
each count for sum of $12,500. Under second indictment; for two
CERCLA counts, 1 year imprisonment (execution suspended) plus 2
years probation (to be served concurrently) and $5,000 fine on each
count for sum of $10,000 under second indictment and grand total
under both indictments of $22,500
Charges against Davis dismissed.
04/12/84: Company, Barber, Stone, Johnson, Marshall, and Goodspeed
all placed on EPA master list of persons debarred, suspended, or
voluntarily excluded under 40 CFR Part 32 from participation in EPA-
assisted programs for period of 3 years (to 04/11/87).
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No./Court
Facts and Status
Raymond Borowski
83-151
(N.D. Illinois)
Facts: Defendant operated several municipal sewage treatment plants
in Dupage County, Illinois where, between October 1977 and July 1978,
defendant understated pollutant amounts by half for three of the plants
when filing Discharge Monitoring Reports required under Clean
Water Act.
02/23/83: 13-count indictment returned charging submittal of false
information [18 USC § 1001].
04/22/83: Defendant pled guilty to two-count superseding information
filed on same date charging submittal of false information under
Clean Water Act, Sec. 309(c)(2) [33 USC § 1319(c)(2)].
06/01/83: Defendant sentenced to 3 years probation and 200 hours
community service.
Nathan Frenkel
Environmental Consulting and
Testing Service, Inc.
83-00047
(D. New Jersey)
Facts: Frenkel, owner of Environmental Consulting and Testing
Service (ECTS), hired as consultant to study disposal alternatives for
sewage treatment systems in Salem County. Project funded under
Clean Water Act, Sec. 201.
03/02/83: Four-count indictment returned charging each defendant
with three counts false statements [18 USC § 1001] for misrepresentations
of number of hours worked and one count conversion of government
property [18 USC § 641] for vacuum cleaner taken from United States
Naval Air Development Center.
05/23/83: Frenkel pled guilty to one count conversion of government
property and company pled guilty to one count false statements.
07/08/83: Frenkel sentenced to $7,500 fine and company to $5,000.
Johnson & Towers, Inc.
Peter Angel
Jack W. Hopkins
83-00083
(D. New Jersey)
Facts: Over a 3-day period, federal agents saw workers attach pump to
tank containing hazardous wastes and pump substantial quantities of
degreasers and other industrial chemicals into trench, including
dichlorobenzene, dichloromethane, chlorobenzene, tetrachloroethylene,
toluene, and ethylbenzene. On third day, pollutants spilled into Parker
Creek. Angel was former plant supervisor, Hopkins worked as plant
foreman, and Johnson was vice president for operations.
03/29/83: Five-count indictment returned against company, Angel, and
Hopkins charging each defendant with three counts disposal of
hazardous wastes without permit in violation of RCRA, Sec. 3008(d)(2)
[42 USC § 6928(d)(2)]; one count discharge of pollutants without NPDES
permit in violation of Clean Water Act, Sees. 301 and 309(c)(l) [33 USC
§§ 1311 and 1319(cXD]; and one count conspiracy [18 USC § 371].
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket NoJCourt
Facts and Status
Johnson & Towers, Inc..
(cont. from previous page)
Peter Johnson
86-3134C
(D. New Jersey)
07/08/83: Company pled guilty to three counts under RCRA and
sentenced to $20,000 fine.
09/06783: Substantive RCRA charges against individuals dismissed,
leaving aiding and abetting counts under RCRA plus substantive Clean
Water Act and conspiracy counts.
08/15/84: On appeal, Third Circuit Court reversed dismissal of
substantive RCRA counts against individuals and remanded case to
district court for trial of those counts.
10/10/84: Angel filed petition for certiorari in United States Supreme
Court. Government subsequently filed response in opposition to
petition.
02/19/85: Supreme Court denied Angel's petition for certiorari.
01/02/86: Angel and Hopkins entered into pretrial diversion agreement
with United States Attorney's Office. Indictment dismissed against
each.
03/31/86: Information filed charging Peter Johnson, vice president for
operations, with one count discharging pollutants without NPDES
permit in violation of Clean Water Act, Sees. 301 and 309(cXD [33 USC
§§ 1311 and 1319(cXl)l.
04/30/86: Johnson pled guilty to Clean Water Act count
06/17/86: Johnson sentenced to pay a $2,500 fine.
Michael Yaron
Barak Yaron
Quality Research Labs, Inc.
(Commercial Research Labs)
834)0170
(E.D. Pennsylvania)
Facts: Joint EPA/FBI investigation. Hazardous wastes, including
1,1,1-trichloroethane, toluene, phenol, cresols, corrosive acid, benzene,
xylene, and methylene chloride generated, stored, and systematically
dumped onto ground at site and into drains and toilets at facility in
Corwells Heights, PA. False responses also made on EPA Hazardous
Waste activity questionnaire. Michael Yaron was president, principal
owner, and chief operator. His brother, Barak Yaron, was plant
foreman. April 29, 1983, Michael Yaron and J. Ronald Merion (former
president and principal owner) were indicted on four counts of related
nonenvironmental charges with regard to their submission of storm
damage insurance claims, mail fraud [18 USC 9 1341]. Bruce
Handfinger (former officer of related company) also charged with two
counts mail fraud in connection with false insurance claims.
05/02/83: Five-count indictment returned against company, Michael
Yaron, and Barak Yaron charging:
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No./Court
Facts and Status
Michael Yaron, et al.
(cont. from previous page)
Barak Yaron
83-00282
(E.D. Pennsylvania)
Michael Yaron - Two counts false statements [18 USC § 1001], two
counts storage and disposal of hazardous wastes without permit
under RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]; and one
count failure to notify of release of hazardous substance under
CERCLA, Sec. 103(b) [42 USC § 9603(t»]
Barak Yaron - One count disposal of hazardous wastes
Company - One count failure to notify of release of hazardous
substances and two counts storage and disposal of hazardous waste
08/01/83: Barak Yaron • Pled guilty to one count failure to notify of
release of hazardous substance under CERCLA.
08/03/83: Company - Pled guilty to one count disposal of hazardous
wastes.
08/16/83: Superseding information filed charging Barak Yaron with
one count under CERCLA, Sec. 103(b).
08/23/83: Michael Yaron - Pled guilty to one count disposal of hazardous
wastes without RCRA permit and one count failure to notify of release of
hazardous substance under CERCLA.
09/26/83: Defendants sentenced as follows:
Company - $10,000 fine
Barak Yaron - $2,000 fine plus 3 years probation
Michael Yaron - $5,000 fine plus 2 years imprisonment (all but 6
months suspended) plus 5 years probation on RCRA count. On
CERCLA count, $5,000 fine plus 1 year imprisonment (all but 6
months suspended) and 5 years probation (imprisonment and
probation to run concurrently with RCRA disposal count), and
restitution
01/24/84: Sentence of Michael Yaron modified. Restitution reduced to
$55,600.
Vernon L. Baseman
David R. Faulkner
83-00081
(D. New Mexico)
Facts: Oil and drums containing PCBs sold as ordinary waste oil and
distributed in interstate commerce between Emelle, Alabama and
Albuquerque, New Mexico. Vernon Baseman and David Faulkner
were employees of Nuclear Engineering.
05/10/83: Four-count indictment returned charging each defendant
with three counts violation of PCB regulations under TSCA [15 USC
§§ 2614 and 2615(b)] and one count conversion of government property
[18 USC §641].
8
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket NoJCourt
Facts and Status
Vernon L. Baseman
David R. Faulkner
(cont. from previous page)
08/15/83: Baseman pled guilty to two TSCA counts: one count interstate
transport of PCBs and PCB containers and one count disposal of that
material. Faulkner admitted to United States Attorney's pretrial
diversion program; charges against him dismissed on condition they
would be reinstated should he fail to successfully complete 1 year
probation.
09/16/83: Baseman sentenced to $2,000 fine.
Herman Zeldenrust
83-442
(N.D. Illinois)
Facts: Zeldenrust, plant manager for Joslyn Manufacturing and
Supply Co., disposed of 55-gallon drum of 100% PCBs at or near McGinty
Forest Preserve.
06/06/83: One count information filed charging violation of TSCA, Sec.
15 [15 USC §2614].
01/11/84: Defendant pled guilty to one count and sentenced to 1 year
probation and $3,000 fine to be paid from defendant's personal funds.
Bryce Anderson
Randy Zimmerman
83-00038
(D. Nebraska)
Facts: Ortho Paraquat CL, a registered pesticide for restricted use,
applied without EPA certification. Anderson, once a certified
applicator, had let certification lapse.
06/13/83: One count information filed charging each defendant with
violation of FIFRA, Sec. 12(a) [7 USC § 136(j)].
07/26/83: Anderson pled guilty to one FIFRA count and sentenced to
$100 fine (he had been recertified by EPA prior to sentencing). Charges
against Zimmerman dismissed.
Onis Lynwood Holley
Holley Electric Corporation
8340119
(M.D. Florida)
Onis Lynwood Holley
83-00169
(M.D. Florida)
Facts: Full cleanup of PCBs falsely claimed under agreement with Air
Force. Disposal of PCBs by transformer rupture, placement in
underground diesel fuel tank, improper landfilling of PCB capacitors
and liquids. Also failed to properly mark drums. Holley is company
president.
08/10/83: A 10-count indictment returned against company and Holley
charging six counts violation of TSCA, Sec. 15 [15 USC § 2614]; one count
false claim to government [18 USC § 287]; and three counts wire fraud
[18 USCft 1343].
10/27/83: Holley pled guilty to two-count superseding information filed
on same date charging one count TSCA violation and one count false
statements [18 USC § 1001]. Company pled guilty to one count TSCA
violation and one count false claim.
12702783: Company sentenced to $35,000 fine and 2 years probation.
Holley sentenced to $25,000 fine and 2 years probation.
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket NoVCourt
Facts and Status
Laurence M. Welch
J. Welch & Sons, Inc.
83-60543
(E.D. Michigan)
Facts: Hazardous waste consisting of discarded paint, varnish, and
other ignitable substances stored without permit and transported to
unpermitted facility. Laurence is president and operator of Barry Air
Tool Supply company which is in the parking lot maintenance
business.
09/21/83: Four-count information filed charging each defendant with
one count storage of hazardous waste in violation of RCRA, Sec.
3008(dX2)(A) [42 USC § 6928(d)(2)(A)] and one count transportation of
hazardous waste to unpermitted facility of violation of RCRA, Sec.
3008(d)(l) [42 USC § 6928(dXl)].
10/05/83: Both defendants pled guilty to all charges.
12/13/83: Welsh sentenced to 2 years imprisonment (all but 4 months
suspended) and 2 years probation. Company sentenced to $1,000 fine.
Transformer Services (Ohio), Inc.
Gregory A. Booth
Robert W. Rafferty
83-00252A
(N.D. Ohio)
Facts: Transformer refurbisher and disposer, when cleaning up PCBs
from own facility under consent agreement with EPA, attempted to
dispose of and conceal PCB soils in Mogodore Auto Wrecking Yard.
Defendants claimed soil was stolen from facility. Booth was president
and general manager and Rafferty was warehouse and operations
manager.
09/29/83: A seven-count indictment returned charging:
Company and Rafferty - One count violation of TSCA, Sec. 15 [15
USC § 2614], one count conspiracy [18 USC § 371], one count mail
fraud [18 USC § 1341], one count wire fraud [18 USC § 343], and three
counts false statements [18 USC § 1001]
Booth - One count under TSCA, one count conspiracy, one count mail
fraud, one count wire fraud, and one count false statements
11/01/83: Charges against company dismissed.
12/14/83: Booth and Rafferty each pled guilty to one count TSCA
violation and one count wire fraud.
02/13/84: Booth and Rafferty each sentenced to 17 days in half-way
house on work release, 2 years probation, and 240 hours community
service performed over 2-year period. Failure to perform community
service would result in $50,000 fine for each individual.
10
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Fiscal Year 1984
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
Robert Thomas Barnes
83-00214
(E.D. Virginia)
Environmental Systems Services
83-00246
(E.D. Virginia)
Facts: In performing contract work for NPDES permittees, Discharge
Monitoring Reports (DMRs) falsified as to environmental impacts of
pollutants. Barnes was vice president, managing partner, and
minority stockholder.
10/06/83: Barnes pled guilty to information filed on same date charging
two counts false statements in violation of Clean Water Act, Sec.
309(cX2) [33 USC § 1319(c)(2)].
10/28/83: Barnes sentenced to $500 fine, 6 months probation on each
count (to run concurrently), and 100 hours community service.
11/14/83: Company pled guilty to information filed same date charging
two counts violation of Clean Water Act, Sec. 309(c)(2) [33 USC
§ 1319(c)(2)], and sentenced to $5,000 fine.
Pacific Hide & Fur Depot, Inc.
William Knick
Jerry Graham
83-40028
(D. Idaho)
Facts: Hundreds of PCB capacitors and PCB liquids from transformers
dumped into pit adjacent to defendants' scrap metal salvaging facility
in Pocatello. William Knick manages this facility.
10/12/83: Five-count indictment returned (unsealed on 10/17/83)
against company and two corporate employees, charging company and
Knick with one count improper disposal of PCB capacitors, one count
improper disposal of PCBs, one count failure to properly mark PCB
containers, and one count failure to maintain required records
concerning PCB items, all in violation of TSCA, Sees. 15 and 16 [15 USC
§§ 2614 and 2615(b)]; and one count failure to report release of hazardous
substance under CERCLA, Sec. 103(b) [42 USC § 9603(b)]. Graham
charged with one count unlawful disposal of PCBs under TSCA and one
count failure to report release of hazardous substance under CERCLA.
04/16/84: Following denial of defense motions, jury trial began.
05/03/84: After 10 days of trial, one TSCA PCB disposal count and the
CERCLA count were dismissed. These were only the counts that were
charged against defendant Graham.
05/04/84: Guilty verdicts returned against both company and Knick on
three remaining TSCA counts.
06/29/84: Company sentenced to $24,000 fine ($8,000 on each of three
counts). Knick sentenced to $3,000 fine ($1,000 on each count).
03/07/85: Appeal argued in Ninth Circuit.
11
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket NoVCourt
Facts and Status
Pacific Hide & Fur Depot, Inc.
(cont. from previous page)
08/15/85: Ninth Circuit reversed convictions of both defendants on
ground that jury instruction on deliberate avoidance given under
United States v. Jewell was improper.
12/26/85: Ninth Circuit denied government's petition for rehearing.
American Electric Corporation
Maxwell S. Cobb
D. Michael Hamm
Floyd C. Holloway
83-00170
(M.D Florida)
Facts: Disposal of PCBs and disposal and storage of transformers
containing PCBs under contracts with Department of Defense, and sale
of PCBs to asphalt paving company for use as fuel. False invoices and
manifests filed. Case jointly investigated by EPA, FBI, Defense
Criminal Investigative Service, and City of Jacksonville, Bio-
Environmental Services. Cobb was president of the company, Hamm
was vice president, and Holloway was president of Holloway's Waste
Oil Service, a business involved in purchasing, handling, and selling
waste oil.
10/27/83: A 24-count indictment was filed charging company, Cobb,
Hamm, and Holloway as follows:
Company and Cobb -12 counts false statements [18 USC § 1001]; eight
counts mail fraud [18 USC § 1341]; one count false claims [18
USC§ 287]; and three counts violation of TSCA, Sec. 15 [15 USC
§ 2614]
Hamm - 11 counts false statements, seven counts mail fraud, one
count false claims and three counts under TSCA
Holloway - One count under TSCA
05/14/84: Trial began.
05/30/84: Jury returned verdicts of not guilty against all defendants.
James Holland
83-891
(S.D. Florida)
Facts: Owner of Middle Keys Construction Company dredged and
filled 12 sites in lower and middle Florida Keys between May 1980 and
August 1983 and, for one site, fraudulently represented to landowners
that all permits would be obtained.
11/02/83: A 22-count indictment was returned charging 11 counts
violation of Sec. 10 of Rivers and Harbors Appropriation Act of 1899 [33
USC § 403]; eight counts violation of Clean Water Act, Sees. 301 and
309(cXD [33 USC §§1311 and 1319(c)(l)]; and three counts mail fraud [18
USC § 1341].
02/21/84: Guilty plea entered to eight counts under Clean Water Act and
three counts under Rivers and Harbors Appropriation Act.
12
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket NoVCourt
Facts and Status
James Holland
(cont. from previous page)
06/07/85: Defendant sentenced to 5 years probation and 400 hours
community service. Also required to perform restoration at four sites.
05/27/88: Probation revoked; sentence imposed; $10,000 fine, 6 months
imprisonment, and debarred from construction activities.
Drum Recovery, Inc.
Gary Van Lorn
Eugene F. Tienken
Charles Tuttle
84-00005
(D. Oregon)
Facts: Transportation and dumping of sodium hydroxide on street and
improper labeling, storage, and disposal of PCBs by hazardous waste
handling and transporting company. Van Lom is part owner and
president of company, Tienken is part owner and general manager
and Tuttle is a sales manager.
01/17/84: A 39-count indictment filed charging:
Company and Van Lom - Eight counts violation of TSCA, Sec. 15 [ 15
USC § 2614]; two counts violation of CERCLA, Sec. 103(b) [42 USC
§ 9603(b)]; six counts mail fraud [18 USC § 1341]; one count
conspiracy [18 USC § 371]; and 22 counts violation of Hazardous
Materials Transportation Act (HMTA) [49 USC § 1809(b)]
Tienken - Same as company and Van Lom except not charged
under CERCLA counts
Tuttle - Six counts under TSCA, six counts mail fraud, one count
conspiracy, and 18 counts under HMTA
03/14/84: Tuttle pled guilty to one TSCA count for improper labeling of
PCBs.
03/26/84: Tienken pled guilty to superseding information filed same
date charging five counts of violation of TSCA for improper storage of
PCBs.
03/27/84: Van Lom pled guilty to superseding information filed same
date charging one count violation of CERCLA, Sec. 103(b) and one count
violation of HMTA.
04/23/84: Tuttle sentenced to 5 years probation with conditions that he
stay out of hazardous waste business for period of probation, pay one-
third of the cleanup costs and court costs, and perform 100 hours
community service.
05/17/84: Van Lom sentenced to 1 year imprisonment and 5 years
probation with conditions including that he stay out of hazardous waste
business for period of probation and pay one-third of the cleanup costs.
Tienken sentenced to 90 days imprisonment and 5 years probation and
a requirement to pay one-third of the cleanup costs.
02/19/85: Charges dismissed against company.
13
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION-
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
Maritz, Inc.
84-00026
William E. Pieber
84-00027
(E D. Missouri)
Facts: False statements contained in Discharge Monitoring Reports
and BOD limits in NPDES permits exceeded by wastewater treatment
plant in Fen ton. Pieber is manager of company's wastewater treatment
facility.
02/13/84: Five-count information filed against company charging four
counts violation of Clean Water Act, Sees. 301(a) and 309(c)(l) [33 USC
§§ 1311(a) and 1319(c)(l)] and one count false statements [18 USC § 10011.
Two-count information filed on same date charging Pieber with two
counts violation of Clean Water Act, Sees. 301(a) and 309(c)(l).
02/15/84: Pieber pled guilty to all charges.
02/17/84: Company pled guilty to all charges.
03/09/84 - Pieber sentenced to 30 months probation, 150 hours community
service, and $2,500 fine.
03/23/84: Company sentenced to 5 years probation, $10,000 fine on false
statement count and $10,000 fine on one Clean Water Act count; $15,000
fines imposed on each of three remaining Clean Water Act counts.
Execution suspended pending submission and court approval of
community workplan within 90 days. In lieu of community service,
$45,000 in fines could be paid to designated charity.
08/16/85: Pieber's term of probation reduced to 24 months.
Electro Sales Co., Inc.
84-00148
(D. Massachusetts)
Facts: Improper marking and storage for disposal of capacitors
containing PCBs and false statements made by company president to
EPA concerning removal of leaking capacitors from company
premises.
04/11/84: Company waived indictment and pled guilty to two-count
information filed on same date charging one count violation of TSCA,
Sec. 15 [15 USC § 2614] and one count false statements [18 USC § 10011.
Company agreed to clean up site as part of plea agreement.
08/09/84: Company sentenced to $25,000 fine payable in two
installments by 01/02/85.
James H. Hedrick
Tern, Lori, Chris, Inc.
84-00008
(W.D. Kentucky)
Facts: Transportation, storage and disposal of electric furnace
emission control dust containing lead and cadmium without permit, to
facilities in Kentucky and Tennessee. Terri, Lori, Chris, Inc.
(T.L.C.) is chemical brokerage firm with Hedrick as president.
14
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
James H. Hedrick
Terri, Lori, Chris, Inc.
(cont. from previous page)
James H. Hedrick
TLC, Inc.
84-00084
(M.D. Tennessee)
Alley-Cassetty Coal Company
Donald M. Draper
85-00043
(M.D. Tennessee)
Alley-Cassetty Coal Company
Donald M. Draper
85-00007
(W.D. Kentucky)
05/09/84: Three-count indictment filed in United States District Court
for Western Distnct of Kentucky charging Hedrick and Tern, Lori,
Chris, Inc. each with one count transportation of hazardous waste to
unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42 USC
§ 6928(d)(l)l; one count disposal of hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)], and one
count conspiracy [18 USC § 371].
05/16/84: Indictment filed in United States Distnct Court for Middle
District of Tennessee charging Hedrick and TLC each with one count
transportation of hazardous waste to unpermitted facility in violation of
RCRA, Sec. § 3008(d)(l) [42 USC § 6928(d)(l)] and one count disposal of
hazardous waste without permit in violation of RCRA, Sec.
§ 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)].
07/18/84: Hedrick pled guilty to both counts charged in Middle Distnct
of Tennessee.
07/18/84: Company pled guilty in Middle District of Tennessee to same
counts.
07/18/84: Hedrick and company each entered guilty pleas to all counts
charged in Western District of Kentucky.
03/14/85: Hedrick sentenced to 1 year and 1 day imprisonment for
charges in Middle District of Tennessee plus 3 years probation and 200
hours community service. Company fined $5,000 for charges on same
count.
03/19/85: Hedrick sentenced to 1 year and 1 day imprisonment
(sentence imposed in Tennessee served concurrently), and company
sentenced to $3,000 fine for charges in Western District of Kentucky.
Additional Facts: Alley-Cassetty carried out actual transportation of
emission control dust to strip mine sites for TLC, Inc. Draper was
former transportation manager.
03/25/85: Information filed in Middle District of Tennessee charging
Alley-Cassetty and Draper with one count transportation of hazardous
waste to unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42
USC §6928(4X1)1.
03/28/85: Information filed in Western District of Kentucky charging
Alley-Cassetty and Draper with one count transportation of hazardous
waste to unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42
USC § 6928(d)U)].
15
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
Alley-Cassetty Coal Company
Donald M. Draper
(cont. from previous page)
RAD Services, Inc.
Arthur Sciullo
George Gary
86-00011
(W.D. Kentucky)
04/01/85: Defendants each entered guilty pleas to charges in Middle
District of Tennessee.
04/30/85: Draper sentenced, in Middle District of Tennessee, to 1 year
and 1 day imprisonment with all but 6 months suspended (sentence
recommended to be served in half-way house), 2 years probation and
$8,000 fine (to be paid within 7 months).
05/14/85: Defendants each entered guilty plea to charges in Western
District of Kentucky.
09/27/85: Draper sentenced, in Western District of Kentucky, to 1 year
and 1 day imprisonment (all but 6 months suspended) plus 2 years
probation. Incarceration to be served concurrently with sentence
imposed in Tennessee; however, Draper not to be allowed to serve
sentence in half-way house.
09/30/85: Alley-Cassetty sentenced, in Western District of Kentucky, to
$25,000 fine. Civil penalty imposed on same date under the
administrative authority of the state of Tennessee.
12/09/85: Alley-Cassetty sentenced, in Middle District of Tennessee, to
$10,000 fine.
Additional facts: RAD Services engaged in chemical manufacturing
and, in 1982, stored toxic lead and cadmium emission control dust at
warehouse in Bowling Green. Sciullo is executive president and Gary
is head of chemical division.
04/25/86: Five-count indictment filed in Western District of Kentucky
charging company with three counts storage of hazardous waste without
permit in violation of RCRA, Sec. 3008(d)(2) [42 USC § 6928(d)(2)]; one
count transportation of hazardous waste to unpermitted facility in
violation of RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)]; and one count
conspiracy [18 USC § 371]. Sciullo charged with two counts violation of
RCRA, Sec. 3008(d)(2); one count violation of RCRA, Sec. 3008(d)(l),
and one count conspiracy. Gary charged with one count violation of
RCRA, Sec. 3008(d)(2) and one count conspiracy.
10/20/86: RAD Services pled guilty to two counts of RCRA storage
violations, Gary pled guilty to one such count and Sciullo pled guilty to
one count conspiracy and one count RCRA storage violation.
12/01/86: RAD Services was sentenced to a total fine of $75,000 to be paid
within 1 year.
16
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
RAD Services, Inc.
Arthur Sciullo
George Gary
(cont. from previous page)
Gary - Sentenced to 2 years in the custody of the U S Attorney
General with all but 30 days in jail suspended, a $10,000 fine, 200
hours of community service, and 2 years probation.
Sciullo - Sentenced to two concurrent 2-year terms of incarceration
with all but 6 months suspended, a $10,000 fine, 200 hours of
community service, and 2 years probation.
W. B. Sprague Company, Inc.
Alfred H. Treleven
Laurence R. Treleven
8446
(W.D. Washington)
Facts: Commercial pesticide applicators several times used strychnine
in grain belt to kill birds threatening grain elevators' contents.
Records falsified, listing use of nonrestricted pesticide. Alfred
Treleven is company's retired president and Laurence Treleven is
current president.
06/06/84: Two-count indictment filed charging company with one count
violation of FIFRA, Sec. 12(a) [7 USC § 136j(a)], Alfred Treleven and
Laurence Treleven each with one count violation of FIFRA and one
count violation of Migratory Bird Treaty Act [16 USC § 707].
06/29/84: Company pled guilty to information and sentenced to $20,500
fine. Trelevens pled guilty to information and were fined $5,500 each.
The Wyckoff Company, Inc.
William C. Cairns
David G. Chevalier
Charles D. Hudson
Donald D. Johnson
84-00167
(W.D. Washington)
Facts: The Wyckoff Company engaged in pressure-treating wood
products with preservatives containing creosote, pentachlorophenol,
and arsenic. Polluted water pumped from unlined holding pit via fire
hose into nearby storm drains leading directly into Duwamish River
Contaminated water siphoned from lagoon on company property into
Elliott Bay. Cairns is company's president, Chevalier is former
general superintendent, Hudson is technical director, and Johnson is
chief engineer.
06/21/84: A 12-count indictment filed charging Cairns, Chevalier,
Hudson, and Johnson with seven counts violation of Clean Water Act,
Sees. 301 and 309(c)(l) [33 USC §§ 1311 and 1319(cXl)]; one count storage
and disposal of hazardous wastes without permit in violation of RCRA,
Sec. 3008(dX2) [42 USC § 6928(d)(2)]; two counts conspiracy [18 USC § 371]
and two counts false statements [18 USC § 1001]. Company charged with
seven counts violation of Clean Water Act, Sees. 301 and 309(c)(l); one
count violation of RCRA, Sec. 3008(d)(2), one count conspiracy [18 USC
§ 371]; and two counts false statements [18 USC § 1001].
01/24/85: All defense pretrial motions denied.
03/11/85: On scheduled trial date, defendants pled guilty to four-count
superseding information as follows:
17
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
Wyckoff Company, Inc., et al.
(cont. from previous page)
Company - One count storage of hazardous waste without permit m
violation of RCRA, Sec 3008(d)(2)(A), one count discharge of
pollutants without permit in violation of Clean Water Act, Sees 301
and 309(c)(l) and one count conspiracy to violate Clean Water Act.
Cairns - One count storage of hazardous waste without permit m
violation of RCRA, Sec. 3008(d)(2)(A).
Chevalier, Hudson, and Johnson - One misdemeanor count each of
conspiracy to violate Clean Water Act [18 USC § 371].
04/19/85: Defendants sentenced as follows:
Company - As per plea agreement, fined $1,000,000 (all but $150,000
suspended), 5 years probation on condition it obey all laws,
expeditiously clean up facility, and pay $850,000 into trust account
administered by Region X for study and cleanup of site
Cairns - 1 year imprisonment (all but 60 days suspended), 2 years
probation, $25,000 fine
Chevalier - 2 years probation plus 200 hours community service;
$10,000 fine
Hudson - To pay a $5,000 fine, 2 years probation, and 150 hours
community service
Johnson • To pay a $2,500 fine, 2 years probation, and 100 hours
community service
John Martin Anderson
84-00056
(D. Wyoming)
Facts: Restricted use pesticide (diclofop methyl) sold to noncertified
applicator for use on applicator's ranch, and required records
concerning sales of xylene falsified. Also pesticides discharged into
Big Horn River without NPDES permit. John M. Anderson was
president of A.C. Supply, Inc.
06/22/84: Six-count indictment filed charging four counts violation of
FIFRA, Sec. 12(a) [7 USC § 136j(a)]; one count violation of Clean Water
Act, Sees. 301 and 309(c)(l) [33 USC §§ 1311 and 1319(c)(l)]; and one
count false statements [18 USC § 1001].
09/18/84: Defendant pled guilty to three FIFRA counts and one count
violation of Clean Water Act.
11/20/84: Defendant sentenced to 3 years probation plus compliance
with all environmental laws for 18 months and $5,000 contribution to
Big Horn County Agricultural Extension Service or, in the alternative,
fine of $6,150.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
Performance Advantage, Inc.
Lyndol Bolton
84-00122
(M.D. Alabama)
Hayes International Corporation
Louis H. Beasley
Performance Advantage, Inc.
Lyndol Bolton
Ray Kelley
V. O. Abrams
David Smith
84-00123
(M.D. Alabama)
Facts: Pollutants discharged through hose from lagoon into water by
facility processing waste oil and jet fuel (Performance Advantage).
Hazardous waste from company in business of removing paint from
used aircraft (Hayes International) disposed of and released without
notification. Beasley is Hayes employee responsible for disposal of
hazardous wastes. Bolton is president of Performance Advantage.
Abrams operated Coosa County landfill. Kelley and Smith are
residents of Coosa County, Alabama.
06/28/84: Two indictments returned. First charged Performance
Advantage and Bolton with four counts discharge of pollutants without
NPDES permit in violation of Clean Water Act, Sees. 301 and 309(c)(l)
[33 USC §§ 1311 and 1319(cXDl. Second indictment charged 19 counts as
follows:
Hayes and Beasley - Eight counts transportation of hazardous waste
to unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42 USC
§ 6928(d)(l)]; five counts storage and/or disposal of hazardous
wastes without permit in violation of RCRA, Sec. 3008(d)(2)(A) [42
USC § 6928(d)(2)(A)]; one count conspiracy [18 USC § 371]
Performance Advantage and Bolton - Eight counts violation of
RCRA, Sec. 3008(d)U); six counts violation of RCRA, Sec.
3008(d)(2)(A), one count knowing endangerment in violation of
RCRA, Sec. 3008(e) [42 USC § 6928(e)]; one count failure to report
release of hazardous substance under CERCLA, Sec. 103(b) [42 USC §
9603(b)]; and one count conspiracy
Kelley - One count violation of RCRA, Sec. 3008(d)(l), four counts
violation of RCRA, Sec. 3008(d)(2)(A), one count knowing
endangerment in violation of RCRA, Sec. 3008(e), and one count
conspiracy
Abrams - One count under CERCLA, Sec. 103(b), one count under
RCRA, Sec. 3008(d)(2), and one count conspiracy
Smith - One count under RCRA, Sec. 3008(d)(l) and one count
conspiracy
08/29/84: Performance Advantage and Bolton each pled guilty to one
count under Clean Water Act, Sees. 301 and 309(c)(l) and one count
under RCRA Sec. 3008(d)(l).
10/09/84: Trial began against Hayes International, Beasley, Abrams,
and Smith. Kelley remained fugitive.
19
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(sVDocket NoVCourt
Facts and Status
Performance Advantage, Inc., et al.
(cont. from previous page)
Ray Kelley
86-189 N
(M.D. Alabama)
10/16/84: Court entered judgment of acquittal as to Abrams and Smith
after conclusion of government's case.
10/17/84: After both sides rested, court acquitted Hayes International
and Beasley on five storage and disposal counts.
10/19/84: Jury returned guilty verdicts against Hayes International
and Beasley on eight counts each of transportation to unpermitted
facility under RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)]. Both
defendants acquitted on conspiracy counts.
11/15/84: District Judge Robert Varner set aside jury verdicts and
acquitted Hayes International and Beasley on all counts.
11/26/84: Performance Advantage sentenced to $2,500 fine on Clean
Water Act count and $50 fine on RCRA count. Bolton sentenced to $2,500
fine plus 5 years probation on CWA count and 5 years probation on
RCRA count; sentences to run concurrently.
12/13/84: Protective notice of appeal filed by government in Eleventh
Circuit Court with respect to decision overturning jury verdicts against
Hayes International and Beasley.
06/18/85: Government's brief filed in Eleventh Circuit.
12/19/85: Appeal argued in Eleventh Circuit.
04/21/86: Reversal by Eleventh Circuit of decision overturning jury
verdict against Hayes International and Beasley.
06/11/86: Hayes International sentenced to $2,500 fine and Beasley
sentenced to $1,000 fine.
Facts: Kelley was a fugitive at the time of the trial.
11/25/86: Three-count indictment filed charging Kelley with violation
of RCRA, Sec. 3008(dX2) [42 USC § 6928(d)(2)].
03/03/87: After a 2-day trial, the jury returned a guilty verdict to all
three counts of the indictment charging Ray Kelley with storage of
hazardous waste without a RCRA permit.
04/16/87: Kelley was sentenced to serve 1 year imprisonment on each of
the three RCRA counts, to be served concurrently, execution of
imprisonment suspended, and placed on 1 year probation.
20
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
SCA Chemical Services (MA), Inc.
84-00157
(D. Massachusetts)
Facts: At least 10 pounds of PCBs released in Braintree, Massachusetts
without permit or notification.
08/09/84: One-count information filed charging company with failure
to report release of hazardous substance under CERCLA, Sec. 103(b) [42
USC § 9603(b)l.
09/06/84: Company entered guilty plea and sentenced to $7,500 fine.
George Mills
84-00165
(M.D. Tennessee)
George Mills
84-00119
(S.D. Alabama)
Facts: Storage of hazardous waste and failure to give required
notification of existence of hazardous waste facilities located in
Nashville and Smyrna, Tennessee and in Semmes, Alabama.
09/19/84: Four-count indictment filed in United States District Court for
Middle District of Tennessee (unsealed on 09/21/84) charging two
counts storage of hazardous waste without permit in violation of RCRA,
Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]; and two counts failure to
notify of existence of hazardous waste facility in violation of CERCLA,
Sec. 103(c) [42 USC § 9603(c)].
11/28/84: One-count information filed in United States District Court
for Southern District of Alabama charging violation of CERCLA, Sec.
103(c) for failure to notify of existence of hazardous waste facility.
12/11/84: Mills entered guilty plea, under Rule 20 of the Federal Rules
of Criminal Procedure, in Middle District of Tennessee to two counts of
violation of CERCLA, Sec. 103(c) in Tennessee and one count violation
of CERCLA, Sec. 103(c) in Alabama.
01/29/85: Mills sentenced to 5 years probation, $30,000 fine and
condition that full written account of actions and recommendations for
compliance to avoid similar contraventions of environmental laws be
submitted to professional journals in field.
21
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Fiscal Year 1985
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket NoVCourt
Facts and Status
Mario A. Segale
M. A. Segale, Inc.
William Bartholomew
85-267
(W.D. Washington)
Mario A. Segale
M. A. Segale, Inc.
William Bartholomew
CR84-73T
(W.D. Washington)
Facts: Asphalt manufacturer operated new source and gases
discharged in excess of performance standards with respect to opacity.
Segale is company president and Bartholomew is division manager.
11/14/84: Information filed charging company, Segale and
Bartholomew with four counts violation of Clean Air Act, Sec.
113(c)(l)(C) [42 USC § 7413(c)(l)(C)]; and regulations at 40 CFR § 60.92.
03/11/85: Court dismissed all charges against defendants.
04/16/85: Information refiled charging same defendants with same
four counts of violating opacity standards (see above citations).
09/10/85: Office of United States Attorney agreed to defense motion to
dismiss all charges on ground that state inspector making opacity
recordings had not been certified by EPA within 6 months preceding
violation.
John Van Hoesen
84-00838
(N.D. Illinois)
John Suerth
84-00840
(N.D. Illinois)
Facts: 150,000 gallons of spent halogenated solvent handled without
permit at chemical recycling facilities in Schiller Park and Des
Plaines and false statements made to EPA claiming exemption from
regulations. Van Hoesen is managerial employee and Suerth is
president of QuVoe Chemical Industries, Inc.
11/15/84: Information filed charging Van Hoesen with one
misdemeanor count for concealing records under RCRA, Sec.
3008(d)(4) [42 USC § 6928(d)(4)]. Separate indictment filed against
Suerth charging 11 counts transportation of hazardous waste to
unpermitted facility under RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)];
two counts treatment, storage, and disposal of hazardous waste without
permit under RCRA, Sec. 3008(d)(2) [42 USC § 6928(d)(2)], and one count
false statements [18 USC § 1001].
11/23/84: Van Hoesen pled guilty to one RCRA count.
11/29/84: Superseding indictment filed charging Suerth with same
substantive charges.
01/16/85: Van Hoesen sentenced to 3 years probation plus $4,000 fine
and 300 hours community service.
03/25/85: Suerth pled guilty to superseding information filed on same
date charging two counts concealment of required records under RCRA,
Sec. 3008(d)(4).
05/24/85: Suerth sentenced to 9 months imprisonment plus 5 years
probation and $25,000 fine.
22
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket NoVCourt
Facts and Status
Dale L. Knoedler
Jim D. Newman
Roger S wen son
CR-84-0-59
(D. Nebraska)
Facts: Routine EPA inspection discovered facility lacked technical
capability to analyze samples for fecal coliform (FC) parameters.
Discharge Monitoring Reports stated "0" FC discharge; lab denied
testing. Knoedler is sewage treatment technician, Newman is
controller, and Swenson is plant manager of Dugdale of Nebraska, Inc.
11/19/84: Five-count information filed charging Knoedler and
Newman with four counts submitting false statements under Clean
Water Act, Sec. 309(c)(2) [33 USC § 1319(c)(2)]. Swenson charged with
one count violation of permit conditions under Clean Water Act, Sees.
301 and 309(cXl) [33 USC §§ 1311 and 1 3 19(c )(!)].
12/04/84: Knoedler pled guilty to two counts violation of Clean Water
Act, Sec. 309(c)(2) and sentenced to 1 year probation and $300 fine on
each count plus court costs.
03/26/85: Five-count superseding information filed against Newman
and Swenson charging Newman with four counts violating NPDES
permit conditions and Swenson with one count of same violation, all
under Clean Water Act, Sees. 301 and 309(c)(l) [33 USC §§ 1311 and
06/03/85: On scheduled trial date, all charges against Swenson and
Newman dismissed on motion by Office of United States Attorney.
George Henry Garson
85-00001
(E.D. Pennsylvania)
Facts: Waste solvents introduced into POTW causing potential fire
and explosion hazard. Garson was 71-year-old former president of
Barrett Chemical Company.
01/03/85: One-count information filed charging defendant with willful
and negligent discharge into a POTW, in violation of pretreatment
standards under Clean Water Act, Sees. 307 and 309(c)(l) [33 USC
§§1317andl319(cXl)l.
01/05/85: Defendant pled guilty.
01/10/85: Defendant sentenced to $2,500 fine and 3 years probation,
including 2 hours per week community service during first year.
Ross L. Talbott
Ross M. Talbott
85-00012
(D. Colorado)
Facts: Azinphos methyl SOW, a restricted use pesticide, applied
inconsistent with labeling to apple orchard and trailer park in New
Castle. Failure to notify tenants and prevent re-entry for 48 hours, as
required. Defendants were corporate principals of Talbott Enterprises,
Inc.
01/11/85: One-count information filed charging both defendants with
violation of FIFRA, Sees. 12 and 14 [7 USC §§ 136 l(b)(2) and
23
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket NoVCourt
Facts and Status
Ross L. Talbott, et al.
(cont. from previous page)
02/25/85: Both defendants pled guilty to the count charged.
03/25/85: Ross L. Talbott sentenced to pay a $100 fine and Ross M.
Talbott fined $50.
K. W. Thompson Tool Co., Inc.
(aka Thompson Center Arms)
Robert Gustafson
Joseph Behre
Emmett Ronayne
85-08
(D. New Hampshire)
Facts: Dumping of hazardous waste, including cyanide, barium,
potassium nitrate, and sodium hydroxide into ditch emptying into
Cocheco River and into ground for percolation. Casting wax
containing PCBs improperly stored and no records maintained.
Company is metal casting and firearms manufacturer in Rochester.
Gustafson is president and Ronayne and Behre were vice presidents.
03/18/85: A 50-count indictment filed charging:
Company and Ronayne - 41 counts discharge of pollutants without
permit in violation of Clean Water Act, Sees. 301 and 309(c)(l) [33
USC §§ 1311 and 1319(c)(l)]; three counts violating storage,
marking and recordkeeping standards relating to PCBs under
TSCA, Sec. 15 [15 USC §2614]; one count treatment, storage, and
disposal of hazardous waste without permit under RCRA, Sec.
3008(d)(2) [42 USC § 6928(d)(2)]; one count failure to notify of release
of hazardous substance in violation of CERCLA, Sec. 103(b) [42 USC
§ 9603(b)]; one count failure to notify of existence of hazardous waste
disposal facility in violation of CERCLA, Sec. 103(c) [42 USC
§ 9603(c)]; one count false statements in response to industrial waste
questionnaire [18 USC § 1001] and two counts conspiracy to violate
Clean Water Act (misdemeanor) and RCRA (felony)
Behre - Charged on all same counts except false statements
Gustafson - 41 counts violation of Clean Water Act, Sees. 301 and
309(c)(l), and three counts violation of TSCA standards
06/24/85: Jury viewing of site conducted by Court.
06/25/85: Trial began.
07/01/85: The company entered guilty plea to 15 counts in violation of
Clean Water Act, Sees. 301 and 309(c)(l), one count under CERCLA,
103(b) and one count under CERCLA, 103(c).
07/02/85: Company sentenced to $4,000 fine on each Clean Water Act
count plus $7,500 on each CERCLA count for total of $75,000. Charges
against individuals dismissed.
24
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket No./Court
Facts and Status
Robert Clements, Inc.
85-00069
(E.D. Virginia)
Facts: Failure to notify EPA of release of hazardous substance in excess
of 1 pound from facility in Alexandria.
04/03/85: Company entered guilty plea to one-count information filed
same day charging failure to report release of hazardous substance in
violation of CERCLA, Sec. 103(b) [42 USC § 96030))].
04/26/85: Company sentenced to and paid $4,000 fine.
Venus Laboratories, Inc.
85-00238
(N.D. Illinois)
Facts: Liquid chemical wastes, including cleansers, drain cleaners,
and other cleaning agents discharged into tributary of Des Flames
River without permit. Company allowed contaminated runoff to drain
into river via ditch and was believed to have hidden pipe connecting
plant drains to city's storm sewers. EPA personnel observed highly
contaminated water entering river.
04/17/85: 22-count indictment filed charging company with negligent
discharge of liquid chemical wastes into river without permit in
violation of Clean Water Act, Sees. 301 and 309(c)(l) [33 USC §§ 1311 and
08/01/85: Company entered guilty plea to four counts violation of Clean
Water Act.
09/17/85:
total.
Company sentenced to $2,500 fine on each count for $10,000
CSI Technologies, Inc.
85-0325
(S.D. California)
Facts: Importation and distribution of specialized high voltage, high
frequency capacitors containing PCBs from partner in Columbia under
technical assistance contract.
04/16/85: Sealed, four-count information filed charging two counts of
smuggling [18 USC § 545] and two misdemeanor counts under TSCA,
Sec. 15, for illegal distribution in commerce of capacitors containing
PCBs [15 USC §2614].
04/18/85: Company waived indictment and pled guilty to information
unsealed on this date. Company sentenced to $30,000 fine and ordered to
destroy all seized capacitors.
Richard Allen Taggert
Keith Egan
85-60016
(D. Oregon)
Facts: False statements made to state of Oregon inspector concerning
accumulation of hazardous wastes. Egan was plant manager and
Taggert was plant superintendent of Evans Transportation Company.
04/24/85: One-count information charging both defendants with one
count false statements under RCRA, Sec. 3008(d)(3) [42 USC
§ 6928(d)(3)].
25
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket NoJCourt
Facts and Status
Richard Allen Taggert, et al.
(cont. from previous page)
04/30/85: Egan pled guilty to aiding and abetting, and making false
statements under RCRA.
05/07/85: Taggert pled guilty to making false statements under RCRA.
06/04/85: Egan and Taggert each sentenced to $2,500 fine.
Albert Mardikian
Garo Mardikian
85-00509
(C.D. California)
Sembat Agob
8540782
(C.D. California)
Facts: Automobile import and emission testing facility in Orange
County used mail fraud scheme to defraud EPA and Customs Service
regarding importation of motor vehicles not conforming to Clean Air
Act emissions standards and submittal of false test data to EPA from
mid-1981 until 1984. Albert Mardikian was chief operations officer and
Garo is Albert's nephew and plant manager. Agob was an employee of
Albert Mardikian Engineering, Inc.
05/22/85: A 35-count felony indictment charging Albert Mardikian
with 17 counts mail fraud [18 USC § 1341] and 18 counts false statements
[18 USC § 1001]. Garo Mardikian was charged with 10 counts of mail
fraud.
08/07/85: Trial began.
08/08/85: During presentation of government's case, Albert Mardikian
entered guilty plea to nine counts false statements and one count mail
fraud. Garo Mardikian entered guilty plea on same date to three counts
mail fraud.
08/12/85: One-count information filed charging Agob with one count
false statements [18 USC § 1001]. Agob was an employee of Mardikian
Engineering.
08/13/85: Agob waived indictment and pled guilty.
11/04/85: Agob sentenced to 5 years imprisonment (all but 20 days
suspended and served on weekends), 5 years probation plus 2,500 hours
community service.
11/25/85: Albert Mardikian sentenced to 5 years imprisonment (all but
6 months suspended), 5 years probation plus 2,080 hours community
service consisting of at least 8 hours per week over 5-year period
teaching under-privileged individuals how to improve job seeking
skills; Albert also required to place no fewer than 20 individuals each
year into jobs plus restitution to injured parties. Garo Mardikian
sentenced to 5 years imprisonment (all but 30 days suspended and
served on weekends), 5 years probation plus community service over
5-year period.
26
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket NoVCourt
Facts and Status
Eric Donald Roth, Sr.
85-00119
(E.D. Missouri)
Facts: Five cities paid chemical laboratory in Festus, Missouri to
perform tests required by Clean Water Act permits. Laboratory owner
submitted false Discharge Monitoring Reports to Missouri Department
of Natural Resources. Statements of business associates indicated
knowing violations.
05/23/85: A 10-count indictment filed charging Roth (dba Analyst
Consulting Laboratories, Inc.) with three counts false statements [18
USC § 1001]; two counts mail fraud [18 USC § 1341]; and five
misdemeanor counts of false statements under Clean Water Act, Sec.
309(cX2) [33 USC § 1319(c)(2)].
08/01/85: Roth pled guilty to one felony count of false statements and two
misdemeanor counts of false statements.
09/06/85: Roth sentenced to 4 months imprisonment on each Clean
Water Act count (terms to run concurrently). Sentencing on felony
count suspended pending completion of 5 years probation and 200 hours
community service.
Layton Brothers Drum Company, Inc.
Willie Frank Mines
85-00174
(D. Colorado)
Facts: Storage and disposal of hazardous waste without permit, and
transportation of hazardous waste via interstate highway 1-70 through
Eisenhower Tunnel without manifests. Oils and other liquid refuse
matter channeled via earth trench into Ralston Creek without permit.
Hines was company manager.
05/23/85: An 11-count indictment filed charging company with three
counts disposal of hazardous waste without permit and four counts
storage of hazardous waste without permit, all in violation of RCRA,
Sec. 3008(d)(2) [42 USC § 6928(d)(2)]; one count false statements [18 USC
§ 1001]; one count violation of the Rivers and Harbors Appropriation Act
of 1899 (Refuse Act), Sec. 13 [33 USC § 407]; and one count violation of the
Hazardous Materials Transportation Act (HMTA) [49 USC § 1809].
Hines charged with one count false statements.
07/12/85: Superseding information filed against same defendants
charging same counts.
09/12/85: Company entered guilty plea to one count violation of Refuse
Act and one count violation of HMTA. Charges against Hines were
dismissed.
10/24/85: Company sentenced to $10,000 fines on HMTA count and
$2,000 fine for Refuse Act violation.
27
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant* sVDocket NoJGourt
Facts and Status
Frankel Manufacturing Company
85-224
(D. Colorado)
Facts: Storage of hazardous waste without permit in excess of 1,000
kilograms.
07/17/85: Company waived indictment and entered plea of guilty to
information filed on same date charging one count violation of RCRA,
Sec. 3008(d)(2) [42 USC § 6928(dX2)].
08/30/85: Company sentenced to $200,000 fine and 3 years probation.
First $100,000 payable in two annual installments beginning 08/30/86.
Remaining $100,000 suspended if terms of probation, including cleanup
and $100 assessment to Crime Victim's Fund are met
Fried Industries, Inc.
85-58
(D. New Jersey)
Facts: Manufacturer of cleaning agents and detergents stored and
disposed of industrial chemicals containing methylene chloride,
trichloromethane, phenanthrene, and phthalates without permit and
without notification to EPA.
07/31/85: Company waived indictment and pled guilty to two-count
information filed same date charging one count storage of hazardous
waste without permit in violation of RCRA, Sec. 3008(d)(2) [42 USC
§ 6928(d)(2)] and one count failure to notify of release of hazardous
substance under CERCLA, Sec. 103(b) [42 USC § 9603(b)]. Company
sentenced on same date to $40,000 fine.
Peter J. Vileisis, Jr.
Maurice Fabiani
Waterbury House Wrecking Co., Inc.
N-85-46
(D. Connecticut)
Facts: Building demolition at Old Pin Shop in Oakville without notice
to EPA, without removing asbestos prior to demolition and without
wetting asbestos material exposed during operation. Vileisis is
president of company and Fabiani is owner of Old Pin Shop.
08/01/85: Five-count indictment filed charging company and Vileisis
with three counts causing asbestos emissions in violation of Clean Air
Act, Sees. 112(c)(l)(B), 112(e)(5), and 113(c)(l)(C), [42 USC
§§ 7412(cXlXB), 7412(eX5), and 7413(cXD(Q] and regulations at 40 CFR
9 61.146, and Fabiani with two counts of same Clean Air Act violations.
11/04/85: Vileisis pled guilty to one count superseding information
filed same date charging failure to remove asbestos prior to
commencement of demolition in violation of Clean Air Act, Sees.
112(cXl)(B), 112(e)(5), and 113(c)(l)(C) [42 USC §9 7412(c)(l)(B),
7412(eX5), and 7413(cXlXQ] and 40 CFR § 61.147.
11/05/85: Fabiani pled guilty to same charge in one-count superseding
information filed this date.
28
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket No./Court
Facts and Status
Peter J. Vileisis, Jr., et al.
(cont. from previous page)
12/19/85: Vileisis sentenced to 1 year suspended sentence, 5 years
probation, $25,000 fine plus $25 penalty assessment, 1,000 hours
community service and must attend, at own expense, seminars on
disposal of asbestos. Fabiani sentenced to 1 year imprisonment (all but
30 days suspended), 5 years probation, $25,000 fine plus $25 penalty
assessment and 1,000 hours community service.
12/23/85: Charges dismissed against company.
05/05/86: Old Pin Shop and Waterbury House Wrecking each placed on
EPA's List of Violation Facilities under 40 CFR Part 15 resulting in
ineligibility for EPA contracts, grants, and loans.
Richard M. Mims
85-252
(N.D. Texas)
Facts: Mims was former president of Brass Mill Co., a brass plating
company, which directed employees to dump a dozen 55-gallon drums of
toluene at L. B. Houston Nature Area.
08/20/85: One-count indictment filed charging defendant with disposal
of hazardous waste without permit in violation of RCRA, Sec. 3008(d)(2)
[42 USC § 6928(dX2)].
08/28/85: Defendant pled guilty.
09/25/85: Defendant sentenced to 2 years probation and $2,500 fine
payable either in lump sum or monthly installments.
29
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Fiscal Year 1986
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket NoVCourt
Facts and Status
Norbert Emel Gall
Dennis Ray Alston
Phillip Anthony Williams
Brigitte Gertrud Laurus
85-236
(S.D. Texas)
Norbert Emel Gall
Freddie Lee Fincher, Sr.
Donald Lee Fincher
Brigitte Gertrud Laurus
85-278
(S.D. Texas)
Facts: Automobile broker and associates imported cars from Germany
and deceived EPA into granting "5-year-old exemption" of
nonconforming vehicles from Clean Air Act requirements. Freddie
Fincher was principal stockholder and president of Fred Fincher
Motors, Inc. and Donald Fincher was general manager and executive
vice president. Alston was owner of D.R.A. Construction Company and
Williams was Alston's employee. Laurus is a permanent resident
alien of the U.S. and a citizen of Germany.
10/04/85: A 31-count indictment filed charging Gall, Alston, and
Williams each with one count conspiracy [18 USC §371]; 10 counts
entering goods into country by means of false statements [18 USC § 542);
10 counts smuggling [18 USC § 545]; and 10 counts false statements to
EPA and Customs Service [18 USC § 1001]. Laurus charged with one
count conspiracy.
1L/26/85: A 47-count indictment filed charging Freddie Fincher and
Donald Fincher each with one count conspiracy [18 USC § 371]; 17 counts
entering goods into country by means of false statements [18 USC § 542);
12 counts smuggling [18 USC § 545], and 17 counts false statements to
EPA and Customs Service [18 USC § 1001]. Laurus charged with one
count conspiracy, one count false statements, and two counts
smuggling.
12/04/85: Williams pled guilty to one count conspiracy [18 USC § 371]
and three counts smuggling [18 U.S.C § 545].
01/28/86: Superseding information filed charging Laurus with one
count false statements under the Clean Air Act, Sec. 113(c)(2) [42 USC
§ 7413(c)(2)].
02/06/86: Gall entered guilty plea under first indictment to one count
conspiracy [18 USC § 371] and six counts entry of goods by way of false
statements [18 USC § 542].
02/14/86: Gall entered guilty plea under second indictment to one count
conspiracy, four counts entering goods by means of false statements,
and five counts smuggling.
03/25/86: Laurus pled guilty to one count under Clean Air Act, Sec
04/17/86: Freddie Fincher and Donald Fincher each pled guilty to one
count entry of goods into country by false statements [18 USC § 545].
05/27/86: Freddie Fincher and Donald Fincher each fined $10,000.
07/10/86: Laurus sentenced to 1 year probation.
30
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Norbert Emel Gall, et al.
(cont. from previous page)
Edward F. Wiatt
H36-278
(S.D. Texas)
Facts: Wiatt was co-owner of Grand Prix Motors and imported foreign
automobiles under a "5-year-old exemption" obtained from EPA.
10/10/86: Information filed charging Wiatt with 10 counts of submitting
fraudulent documents to EPA in violation of Clean Air Act, Sec.
113(cX2) [42 USC § 7413(cX2)].
10/14/86: Alston pled guilty to a single felony count of conspiracy to
violate 18 USC §§ 542, 545, and 1001 and 10 misdemeanor counts under
Sec. 113(c)(2) of the Clean Air Act for the knowing submission of false
statements to EPA.
11/12/86: Wiatt pled guilty to a six-count criminal information
charging him with submitting fraudulent documents to EPA in
violation of the Clean Air Act, Sec. 113(c)(2) [42 USC § 7413(c)(2)].
12/01/86: Alston sentenced to $24,000 fine, including restitution
payments of approximately $3,800 and 6 months probation. Williams
sentenced to 3 years probation and 80 hours of community service.
12/17/86: Wiatt sentenced to $1,500 fine and 150 hours of community
service.
Douglas G. Hoflin
8S82
(WD. Washington)
Facts: Former public works director for the City of Ocean Shores,
Washington buried 14 drums of old road striping paint at city's sewage
treatment plant adjacent to National Wildlife Refuge in sandy soil
next to ocean, and dumped 3,500 gallons of raw sewage into sandy
depression, also next to ocean.
10/10/85: Three-count indictment filed charging defendant with one
count conspiracy to violate RCRA [18 USC § 371], one count disposal of
hazardous waste without permit under RCRA, Sec. 3008(d)(2) [42 USC
§ 6928(d)(2)], and one count burial of raw sewage in violation of sewage
treatment plant permit under Clean Water Act, Sees. 301 and 309(c)(l)
[33 USC §§ 1311 and 1319(c)(l)].
02/24/86: After 5 days of trial, jury returned guilty verdict. Defendant
convicted of one RCRA count and one Clean Water Act count.
03/28/86: Defendant sentenced to 2 years probation and 200 hours
community service.
31
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Georgia Bonded Fibers, Inc.
85-00078
William Garry Byles
85-00075
James C. Kostelni
85-00076
Daniel LaVietes
85-00077
(WD. Virginia)
Facts: Joint investigation by EPA, Defense Criminal Investigation
Service, and Virginia Water Control Board. Repeated instances of
bypassing wastewater treatment plant and discharging into Maury
River, reporting fictitious laboratory results in Discharge Monitoring
Reports (DMRs) and filing false statements pertaining to DOD contract
specifications concerning military baseball-type cap visors made
using company's Bondex fiber board. Kostelni was president, LaVietes
was former vice president for research and development, and Byles was
chief chemist.
10/17/85: Defendants pled guilty to following charges in four separate
informations filed on this date:
Byles - Pled guilty to one-count information charging false
statements in DMRs in violation of Clean Water Act, Sec. 309(c)(2)
[42 USC § 1319(c)(2)] and sentenced on same date to $500 fine.
Kostelni - Pled guilty to three-count information charging two
counts discharge of wastewater in violation of NPDES permit under
Clean Water Act, Sees. 301 and 309(c)(l) [33 USC §§1311 and
1319(c)(D], and one count conversion of government property under
DOD contract [18 USC § 641]. Kostelni sentenced on same date to
fines of $10,000, $10,000 and $500, respectively, for total of $20,500 (all
but $5,000 suspended).
Company - Waived indictment and entered guilty plea to three-
count information charging one count discharge of pollutants into
river in violation of NPDES permit under Clean Water Act, Sec.
309(c)(l), one count false statements in DMRs in violation of Clean
Water Act, Sec. 309(c)(2) and one count false statements in
certification under DOD contract [18 USC § 1001]. Company
sentenced on same date to Tines of $25,000, $10,000, and $10,000 on
each count for total of $45,000, $15,000 restitution to government as
settlement of claim under False Claims Act, and directed to
reimburse government for costs of investigation ($11,050 to EPA and
$1,600 to DOD).
LaVietes - Charged with one count making false statements in
DMRs under Clean Water Act, Sec. 309(c)(2) and one count
conversion of Government property [18 USC § 641].
11/08/85: LaVietes pled guilty to all counts charged and sentenced to
$1,500 fine (all but $500 suspended), plus unsupervised probation for 2
years.
32
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Electric Service Company
Laddie F. Snyder
Ernest J. Mondron
Franklin D. Baker
Wallace D. Childers
85-0117
(S.D. Ohio)
Facts: Electric Service Co. was engaged in business as a refurbisher
and disposer of PCB items, primarily transformers, signed
administrative consent order with EPA Region V, requiring firm to
bring its facility into compliance with PCB regulations. Snyder was
company president, Mondron was sales manager, and both Baker and
Childers were foremen.
10/17/85: Six-count indictment filed charging:
Company, Snyder, and Mondron - Four counts violation of TSCA
for improper storage and disposal of PCB-contaminated dirt, failure
to properly mark storage area and failure to properly decontaminate
equipment used to move dirt [15 USC § 2614], one count concealment
from Agency of unauthorized storage of PCB-contaminated dirt [18
USC § 1001] and one count conspiracy to violate TSCA [18 USC § 371]
Baker - Two counts violation of TSCA for improper disposal and
improper storage and one count conspiracy to violate TSCA
Childers - One count improper storage under TSCA and one count
conspiracy
02/15/86: Jury returned guilty verdict against company, Snyder,
Mondron, and Baker, and acquitted Childers. Company and Mondron
each convicted on one count illegal PCB disposal, one count failure to
mark PCB storage area in violation of TSCA, Sees. 15 and 16(b) [15 USC
§§ 2614 and 2615(b)]; one count concealment from EPA of unauthorized
PCB storage [18 USC § 1001]; and one count conspiracy to defraud U.S.
Government [18 USC § 371]. Snyder convicted of one count concealment
of PCB storage [18 USC § 1001]; and one count conspiracy [18 USC § 371].
Baker convicted on one count illegal PCB disposal in violation of
TSCA, Sees. 15 and 16(b) [15 USC §§ 2614 and 2615(b)]; and one count
conspiracy.
04/14/86: Company sentenced to 1 year probation on condition that it
perform community service by sending letter to businesses using toxic
substances and generating hazardous waste advising of the penalties of
violating the law. Company also to pay $30,000 total fine. Mondron
sentenced to 5 years imprisonment (sentence suspended) plus 1 year
probation and 100 hours community service. Snyder sentenced to 2
years imprisonment (sentence suspended) plus 2 years probation and
100 hours community service. Baker received 1 year suspended
sentence, 1 year probation, and 100 hours community service.
33
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket NoVCourt
Facts and Status
Alan M Franko
85-1146-M
(E.D. Virginia)
Facts: Failure to notify proper U.S. Government Agency prior to
removal of asbestos material while fulfilling Department of Navy
contract awarded for removal and disposal of asbestos pipe insulation at
Naval Observatory in Washington, D.C. Franko is former vice
president and project manager of AMF Insulation Co.
10/31/85: Defendant pled guilty to one count information filed same
date charging failure to report release of hazardous substance (asbestos)
in violation of CERCLA, Sec. 103(b) [42 USC § 9603(b)].
12/02/85: Defendant sentenced to 30 days suspended sentence plus 6
months probation and $150 fine.
Charles J. Berlin
85-50057
(E.D. Michigan)
Facts: Burial of five underground storage tanks containing a
poisonous corrosive (C-56) and other compounds, hundreds of barrels
containing paints, acids, and cyanide, plus paint sludges dumped into
covered earthen trench, all prior to enactment of RCRA at Superfund
site in Swartz Creek, Michigan. Berlin is president and owner/
operator of Farro Liquid Incineration, Inc.
11/06/85: One-count indictment filed charging failure to notify of
hazardous waste facility in violation of CERCLA, Sec. 103(c) [42 USC
§ 9603(c)].
11/08/85: Superseding indictment filed charging same count.
01/16/86: Defense motion for directed verdict of acquittal granted on
ground that Government failed to prove specific knowledge of
defendant.
Executive Advertising, Inc.
Thomas David LaViolette
Roderick Warren Reiser
85-80795
(E.D. Michigan)
Facts: Approximately 100 drums containing waste inks and lacquers
found in abandoned warehouse in Detroit. LaViolette was company
vice president and part owner.
11/20/85: Three-count indictment filed against company, LaViolette,
and Reiser charging one count transportation of hazardous waste to
unpermitted facility under RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)l;
one count treatment, storage, and disposal of hazardous waste without
permit under RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)l; and
one count conspiracy to violate RCRA [18 USC § 371].
01/23/86: Company, LaViolette, and Reiser each entered guilty plea to
one count of knowingly transporting hazardous waste to unpermitted
facility in violation of RCRA, Sec. 3008(d)(l).
04/25/86: Company sentenced to pay a $50,000 fine. Each individual
sentenced to 2 years imprisonment (all but 60 days suspended), 3 years
probation, 400 hours community service, and $15,000 fine.
34
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Norman F. Smith
85-00092
(M.D. Florida)
Facts: Companion case to Greer. Fraudulent invoices dated July 1982
mailed to Florida State Department of Environmental Regulation
(DER). False reports prepared on laboratory chemical tests, which had
never been performed, on papers bearing name of Environmental
Testing Laboratory, Inc. of Chicopee, Massachusetts, which had never
authorized use of its name. Lab tests to have been performed in
connection with cleanup of one of Greer's illegal hazardous waste
dumpsites in Sanford, DER had contracted with Greer and Greer had
subcontracted to Smith.
11721/85:
§ 1341].
Indictment filed charging three counts mail fraud [18 USC
01/08/86: Defendant entered guilty plea to one count mail fraud.
07/21/86: Defendant sentenced to $1,000 fine, 4 years probation, and
restitution of $5,420.
Arthur J. Greer
85-00105
(M.D. Florida)
Facts: Proprietor and operator of four now defunct hazardous waste
handling companies based in Orlando, endangered employees by
directing them to test chemicals such as cyanide, 1,1,1-trichloroethane,
toluene, methyl ethyl ketone, and xylene by sniffing samples or
lighting them in soft drink cans, rather than by performing required
chemical analysis. Also, dumping 1,000 gallons of waste, primarily
1,1,1-trichloroethane, and mislabeling drums of hazardous waste as
dirt.
12/17/85: A 33-count indictment charging 23 counts mail fraud [18 USC
§ 1341]; one count disposal of hazardous waste without permit under
RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]; one count failure to
notify of release of hazardous substance under CERCLA, Sec. 103(b) [42
USC § 9603(b)]; one count making false claim [18 USC § 287]; one count
mislabeling hazardous waste under RCRA, Sec. 3008(d)(3) [42 USC
§ 6928(d)(3)]; and six counts knowing endangerment under RCRA, Sec.
3008(e)[42USC§6923(e)]
06/02/86: Judge granted directed verdict of acquittal on one count mail
fraud and five counts knowing endangerment.
06/17/86: Jury returned guilty verdict on 13 counts mail fraud, one
count false claim, one count failure to notify, one count mislabeling,
and one count of illegal disposal.
08/05/86: Notice of appeal on directed verdict by government.
09/16/86: Defendant sentenced to 5 years imprisonment (all but 3
months suspended), 4 years and 9 months probation, 1,000 hours
community service and $23,000 fine.
35
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No ./Court
Facts and Status
Arthur J. Greer
(cont. from previous page)
09/23/86: Defendant filed notice of appeal.
08/01/88: Two counts charged in the indictment were remanded and
defendant Greer will be sentenced for one count of violating RCRA,
Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)], and one count of violating
CERCLA, Sec. 103(b)(3) [42 USC § 9603(b)(3)].
11/23/88: Greer was sentenced to serve 1 year and 1 month
imprisonment.
Ocean Reef Club, Inc.
Russell A. Post
Claude H. Gehman
Mark Malka
85-909
(S.D. Florida)
Facts: Discharge of raw sewage and sewage effluent from
December 15, 1982 to November 10, 1983 into the Atlantic Ocean by
means of diverting valves or bypass lines installed in club's permitted
sewage collection and treatment plant; also, falsification of Discharge
Monitoring Reports to EPA. Post is company president and chief
operating officer, Gehman is company vice president, and Malka is
employee in utilities department.
12/05/85: 346-count indictment filed charging company, two officers,
and employee as follows:
Company, Gehman, and Malka - One misdemeanor count
conspiracy to violate Clean Water Act [18 USC § 371], one felony
count conspiracy to file false statements with and conceal material
facts from EPA [18 USC § 371], 12 felony counts making false
statements [18 US.C. § 1001], and 332 misdemeanor counts
discharging pollutants without NPDES permit and violation of
permit conditions in violation of Clean Water Act, Sees. 301 and
309(cXD [33 USC §§ 1311 and 1319(cXD]
Post - One count conspiracy to violate Clean Water Act and 332
counts discharging in violation of Clean Water Act, Sees. 301 and
309(c)(l)
07/31/86: Company pled guilty to 40 counts discharging pollutants in
violation of NPDES permit conditions. Gehman and Malka each pled
guilty to one count of same charge. Charges dismissed against Post.
10/22/86: Company sentenced to a $600,000 fine and will not be allowed
to set aside any amount of that fine for environmental or other purpose.
Gehman was fined $5,000 and Malka was fined $2,000 and each was
placed on probation for 1 year.
36
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Peter Hedegard
Eric Myers
JANCO United, Inc.
85-00342
(W.D. Washington)
Facts: Manufacturer of industrial cleaning products in Seattle
discharged pollutants including soaps, detergents, caustic alkali,
acids, waxes, dyes, and solvent materials [including alcohol, butyl
carbitol (also known as diethylene glycol monobutyl ether) xylene, and
mineral spirits] for 10 days from manufacturing operations into hidden
pipe connected to storm sewer leading into Duwamish River. Hedegard
was company president and Myers was vice president.
12/09/85: Two-count information filed charging company with one
count discharge of pollutants without permit in violation of Clean Water
Act, Sees. 301 and 309(c)(l) [33 USC §§ 1311 and 1319(cXDl.
Hedegard and Myers each charged with one count violation of
Clean Water Act, Sees. 301 and 309(c)(l) and one misdemeanor
count conspiracy to violate Clean Water Act [18 USC § 371].
12/11/85: All defendants pled guilty to all charges.
01/16/86: Company fined $100,000 (all but $30,000 suspended and
allowance for dollar-for-dollar reduction for money spent on approved
environmental or conservation programs) plus facility listed on EPA
List of Violating Facilities pursuant to 40 CFR Part 15.20 and excluded
from Federal Government contracts, grants, or loans. Hedegard and
Myers each sentenced to 1 year imprisonment (all but 5 days
suspended), 3 years probation, $25,000 fine (all but $5,000 suspended)
and 300 hours community service.
Everett 0. Harwell
Eugene Roy Baggett
85-28
(N D. Georgia)
Facts: Harwell is president and Baggett is vice president for operations
of Southeastern Waste Treatment, Inc., a waste treatment company
which disposed of electroplating wastes without permit, filed false
statements with Georgia Environmental Protection Division
Defendants also transported hazardous wastes, failed to notify of their
release, misrepresented that wastes had been incinerated and poured
them into city sewage system.
12/10/85: 15-count indictment returned (sealed until defendants could
be arrested on 12/11/85). Harwell and Baggett charged with one count
conspiracy to violate RCRA [18 USC § 371]; four counts making false
statements [18 USC § 10011; one count treatment and disposal of
hazardous waste without permit under RCRA, Sec. 3008(d)(2)(A) [42 USC
§ 6928(d)(2)(A)]; one count transportation of hazardous wastes to
unpermitted facility under RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(!)];
and one count storage of hazardous waste without permit under RCRA,
Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]. Harwell also charged with
one additional transportation count and one additional storage count.
Baggett also charged with two additional transportation counts, two
additional disposal counts, and one count failure to notify of release of
hazardous substance under CERCLA, Sec. 103(b) [42 USC § 9603(b)].
37
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Pacts and Status
Everett 0. Harwell
Eugene Roy Baggett
(cont. from previous page)
10/29/86: Defendants each pled guilty to one felony count of treating and
disposing of hazardous (electroplating) wastes without a permit, in
violation of Sec. 3008(d)(2) of RCRA. Harwell also pled guilty to one 18
USC § 1001 false statement felony count. Baggett also pled guilty to a
RCRA unpermitted transportation of hazardous waste felony count in
violation of 42 USC § 6928(d)(l).
10/15/87: Harwell sentenced to 3 years imprisonment and $20,000 fine.
Baggett sentenced to 18 months imprisonment and $10,000 fine.
Eagle Picher Industries, Inc.
85-343
Richard Brown
86-005
(D. Colorado)
Facts: Nickel-cadmium battery manufacturer's environmental
engineer (Brown) ordered burial of five drums of toxic wastes without
permit. During removal of drums, contaminated sand spilled onto soil
and remained unreported.
12/11/85: Company pled guilty to one-count information filed same date
charging failure to notify of release of hazardous substance in violation
of CERCLA, Sec. 103(b) [42 USC § 9603001.
01/09/86: Two-count indictment filed charging Brown with one count
disposal of hazardous waste without permit under RCRA, Sec
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)], and one count of making a false
statement to EPA [18 USC § 1001].
01/29/86: Company sentenced to $3,500 fine.
03/31/86: Court dismissed false statement count against Brown and
placed him in pretrial diversion program.
Charles Colbert
Jack Colbert
Signo Trading International, Ltd.
SCI Equipment and Technology, Ltd.
85-1134
(S.D. New York)
Facts: Charles Colbert was company president and Jack Colbert was
company vice president of companies engaged in the chemical trading
business in Mount Vernon. The companies shipped recycled
chlorinated solvent mixture containing only 1% of ordered chemicals to
chemical import business in Zimbabwe in sophisticated, international
"bait and switch" scheme. Case investigated by FBI and Agency for
International Development.
12/12/85: A 32-count indictment filed charging Jack Colbert, Charles
Colbert, and both companies with one count conspiracy, 15 counts wire
fraud [18 USC § 13431; six counts mail fraud [18 USC § 1341]; six counts
false statements [18 USC § 1001]; one count false claims [18 USC § 287];
and two counts transportation of false securities [18 USC § 23141.
Charles Colbert and Jack Colbert also charged with one count
obstruction of justice [18 USC § 1503].
38
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Charles Colbert, et al.
(cont. from previous page)
05/08/86: A 30-count superseding indictment filed charging Charles
and Jack Colbert with one count conspiracy, 15 counts wire fraud, six
counts mail fraud, six counts false statements, one count making false
claims, and one count obstruction of justice. Both companies charged
with same counts except for obstruction of justice.
06/02/86: Trial began.
06/09/86: After 6 days of trial, jury verdicts of guilty returned against
Charles and Jack Colbert (27 felony counts each) and against Signo
Trading and SCI (26 felony counts each).
07/28/86: Both Colberts sentenced to total 13 years imprisonment each (to
run consecutively with other state or federal sentences), $1,350 in costs
under Comprehensive Crime Control Act and $66,000 restitution. Jack
Colbert also fined additional $50,000 on conspiracy count. Each
company fined $250,000 and $1,300 in costs.
ABC Compounding Company, Inc.
William S. Armistead
Vincent Armistead
85484
(N.D. Georgia)
Facts: Company engaged in business of selling, blending, mixing,
and packaging chemicals for use as domestic and industrial cleaners,
solvents, aerosols, and pesticides. William Armistead was vice
president and part owner and Vincent Armistead, his son, was plant
supervisor.
12/18/85: Company waived indictment and entered guilty plea to three-
count information filed same date charging one count conspiracy to
violate RCRA [18 USC §371]; one count disposal of hazardous waste
without permit under RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)];
and one count failure to notify of release of hazardous substance under
CERCLA, Sec. 103(b) [42 USC § 9603(b)]. William Armistead and
Vincent Armistead each charged with one count conspiracy and one
count disposal of hazardous waste without RCRA permit and each pled
guilty to RCRA count.
01/30/86: Company sentenced to fine totalling $40,000. William
Armistead and Vincent Armistead each received suspended term of
imprisonment and 1 year probation, $20,000 fine and ordered to
complete cleanup of Jim's Old Plant in northwest Atlanta.
Rocky Mountain Materials and
Excavating, Inc.
85-350
(D. Colorado)
Facts: Soil contaminated with pentachlorophenol discharged onto
banks and into flood plain of Fountain Creek.
12/23/85: Company entered guilty plea to information filed on same
date charging one count discharge of pollutants without an NPDES
permit in violation of Clean Water Act, Sees. 301 and 309(c)(l) [33 USC
§§ 1311 and 1319(cXDl.
39
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Rocky Mountain Materials and
Excavating, Inc.
(cont. from previous page)
02/13/86: Company sentenced to $10,000 fine plus $100 assessment to
Crime Victim's Fund.
05/05/86: Company listed on EPA's List of Violating Facilities as a
result of violating the Clean Water Act. Pursuant to 40 CFR Part 15,
facility may not be used in any new, renewed, or extended federal
contract, subcontract, grant, loan, subgrant, or subloan.
Neville Chemical Company
86-88
(C.D. California)
Facts: Chemical company generated hazardous wastes during
manufacture of chlorinated paraffins. Indictment charges company
with burial of spent ortho-dichlorobenzene (ODCB) and ODCB still-
bottoms in pit on plant grounds in 1981.
01/29/86: One-count indictment returned against company charging
knowing disposal of hazardous wastes without permit in violation of
RCRA, Sec. 3008(d)(2)(A) [42 USC §6928(d)(2)(A)].
09/30/86: One week trial began.
10/07/86: Defendant found guilty as charged.
11/24/86: Defendant sentenced to pay $50,000 fine ($10,000 suspended if
paid by January 15, 1987) and placed on probation for 3 years.
Robert K. Blackstone
86-00012
Wendall Wayne Johnson
86-00013
(WD. Washington)
Facts: Operator of auto repair facility in Federal Way (Blackstone)
and independent scrap metal dealer (Johnson) disposed of eight barrels
containing paint waste and lacquer thinner on vacant lot in Puyallup.
02/12/86: Five-count indictment filed charging Blackstone with one
count conspiracy to violate RCRA [18 USC § 371]; two counts knowing
transportation of hazardous waste without manifest in violation of
RCRA, Sec. 3008(d)(5) [42 USC § 6928(d)(5)]; and two counts knowing
illegal disposal of hazardous wastes under RCRA, Sec. 3008(d)(2)(A),
[42 USC § 6928(d)(2)(A)]. Separate indictment filed same date charging
Johnson with same counts.
04/04/86: Johnson pled guilty to one count disposal without permit under
RCRA, Sec. 3008(d)(2)(A).
04/25/86: Blackstone pled guilty to one count disposal without permit
under RCRA, Sec. 3008(d)(2)(A).
05/16/85: Johnson sentenced to 3 years imprisonment (all but 6 months
suspended), $500 fine, 3 years probation, including condition that he
participate in alcohol treatment program, and $50 mandatory penalty
assessment to Crime Victim's Fund.
40
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Robert K. Blackstone
Wendall Wayne Johnson
(cont. from previous page)
06/05/86: Blackstone sentenced to imprisonment for term of 1 year and
1 day, $5,000 fine, and $7,100 restitution to Washington State
Department of Ecology plus $50 mandatory penalty assessment to Crime
Victim's Fund.
Frontier Fertilizer Company
B&R Company of Davis
Dennis Kidwell
86-057
(E.D. California)
Facts: Rinsates from holding tanks and chemical applicators dumped
into unlined pits by agricultural chemical distributor (B&R), its
successor company (Frontier) and manager of both operations
(Kidwell).
11/14/85: Indictment lodged with clerk of the court.
03/19/86: Upon waiver of indictment, defendants pled guilty to five-
count information filed on same date charging B&R with two counts
storage and disposal of hazardous waste at unpermitted facility in
violation of RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)] for its
1981 and 1982 disposal practices. Frontier pled guilty to same charges
for its 1983 and 1984 disposal practices, and Kidwell to one count same
charge. Two companies each sentenced to $75,000 fine plus cleanup of
site.
06/11/86: Kidwell sentenced to 2 years imprisonment (all but 180 days
suspended), 5 years probation and $10,000 fine to be paid from personal
funds.
George Timothy Mercier
Timothy Scott McLeod
86-00111
(S.D. Texas)
Facts: Amount of lead used by Gulf States Oil and Refining Company
was understated in 1984 quarterly reports required by "lead
phasedown" regulations promulgated under Clean Air Act, Sec. 211.
Mercier is former head of company's fuel-blending operation and
McLeod was chemist.
04/1L/86: Five-count indictment filed charging Mercier and McLeod
each with one count conspiracy [18 USC §371] and four counts
submitting false statements to federal agency [18 USC § 1001].
08/28/86: Two-count superseding information filed against McLeod
charging one count conspiracy and one count submitting false
statements under Clean Air Act, Sec. 113(c)(2) [42 USC § 7413(c)(2)1.
08/29/86: McLeod pled guilty to both counts in superseding information.
10/28/86: McLeod sentenced to a $6,000 fine and 1 year probation.
41
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
George Timothy Mercier
Timothy Scott McLeod
(cont. from previous page)
07/21/87: Five-count superceding information filed charging Mercier
with one count conspiracy [18 USC § 371] and four counts making false
statements under Clean Air Act, Sec. 113(c)(2) [42 USC § 7413(c)(2)].
Mercier pled guilty to each count in superceding information. Mercier
was fined $15,000 and sentenced to 35 days imprisonment on each of five
counts with terms to run concurrently on each count.
Sam Jenkins, Jr.
Sea Port Bark Supply, Inc.
86-31
(W.D. Washington)
Sam Jenkins, Jr.
Sea Port Bark Supply, Inc.
CR-88-56TB
(W.D. Washington)
Facts: Liquid waste from bark processing discharged into Hylebas
Waterway. Jenkins is owner of company.
04/15/86: Information filed charging company and Jenkins each with
three counts discharging pollutants into navigable water without
NPDES permit in violation of Clean Water Act, Sees. 301(a) and
309(cXD [33 USC §§ 1311(a) and 1319(c)(l)].
06/11/86: Company and Jenkins each entered guilty pleas to one Clean
Water Act count.
08/29/86: Company sentenced to $2,500 fine ($1,500 suspended) which
includes $100 mandatory penalty assessment to Crime Victim's Fund
and 1 year probation. Jenkins sentenced to $2,500 fine ($2,250
suspended) which included $25 mandatory penalty assessment to Crime
Victim's Fund, plus 1 year probation.
Facts: A Tacoma bark-processing company and its president, Sam
Jenkins, Jr., both previously convicted of CWA violations, were
indicted a second time with similar charges.
05/26/88: The company and Jenkins were charged in an 11-count
indictment charging each with:
Seven counts of negligent discharge of pollutants into navigable
water of the U.S. without having obtained a permit, in violation of
CWA, Sees. 301(a) and 309(c)(l) [33 USC §§ 131 l(a) and 1319(c)(l)].
Four counts of knowing discharge of pollutants into a navigable
water of the U.S. in violation of CWA, Sees. 301(a) and 309(c)(2)(A)
[33 USC §§ 1311(a) and 1319(c)(2)(A)].
12/16/88: The company and Jenkins each pled guilty to one count of
negligent discharge of pollutants into waters of the U.S., in violation of
33 USC§§ 1311(a) and 1319(c)(l). The company and Sam Jenkins, Jr.
were each sentenced to pay $1,000 fines.
42
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket NoVCourt
Facts and Status
Keebler Corporation
86-104
(D. Colorado)
Facts: Methylene chloride and tetrachloroethylene released without
notice.
04/15/86: Company entered guilty plea to information filed same date
charging one count failure to notify of release of hazardous substance in
violation of CERCLA, Sec. 103(b) [42 USC § 9603(b)].
05/30/86: Company sentenced to $5,000 fine ($4,000 suspended) and 6
months probation during which time cleanup is required, plus $100 to
Crime Victim's Fund. State of Colorado collected $22,500 civil penalty
and issued administrative order for cleanup.
Darrel A. Duisen
George W. Shearer
Glen D. Faulks
Rogelio A. Marin-Sagristo
U S. Technology and Disposal
Service, Inc.
Tratamientos Petroquimilos
Guillermo Marin-Orosco
Mexicanos, S.A. de C.V.
86-0401
(S.D. California)
Facts: Hazardous waste disposal corporation in Beiate, California
(U.S. Technology) designated as exclusive representative of Mexican
corporation established to operate Rancho Ramo recovery and recycling
facility (Tratamientos). Charges resulted from export of hazardous
waste for disposal in Mexico. Duisen was owner and corporate officer
of Tratamientos and chief executive officer of U.S. Technology.
Shearer was president, chairman of the board, and principal owner of
U.S. Technology, and Faulks was company vice president. Marin-
Sagristo was manager of Tratamientos.
04/18/86: Each defendant charged by indictment (unsealed 04/22/86)
with one count conspiracy [18 USC § 371]; seven counts mail fraud [18
USC § 1341]; and 33 counts utilizing false documents [18 USC § 1001]
resulting from export of hazardous waste for disposal in Mexico.
08/14/86: Guillermo Marin-Orosco was added to the indictment for the
same charges. He remains a fugitive.
10/28/86: Marin-Sagristo pled guilty to one count of conspiracy.
11/01/86: Trial begins.
11/19/86: Shearer and Duisen pled guilty to two counts making false
statements and Faulks pled guilty to one count of making false
statements.
03/87: Shearer was sentenced to pay a $24,000 fine, serve 120 days of a 4-
year term of imprisonment, and provide 400 hours of community
service and placed on probation for 5 years. Duisen was sentenced to
pay a $24,000 fine, serve 120 days of a 3-year term of imprisonment, and
provide 400 hours of community service and placed on probation for 5
years. Faulks was sentenced to pay a $12,000 fine and placed on
probation for 5 years. Marin-Sagristo was sentenced to pay a $5,000 fine
and placed on probation for 5 years.
43
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket NoVCourt
Facts and Status
Arneson Timber Company, Inc
86-00097
(E.D. Missouri)
Facts: Contents of tank containing pentachlorophenol dumped into
catch basin at steel mill facility in Steelville.
04/21/86: Information filed charging company with one count failure to
notify of release of hazardous substance in violation of CERCLA, Sec
103(b) [42 USC § 96030))].
04/29/86: Company pled guilty and sentenced to $7,500 fine ($3,500
suspended) plus $25 special assessment, and 2 years probation.
John Michael Nelson
86-122
(D. Colorado)
Facts: Abandonment of spent solvents and paint sludges at self-storage
facility in Broomfield, Colorado.
04/25/86: Indictment filed charging defendant with two counts
knowing storage and disposal of hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)].
09/29/86: Jury trial began.
10/02/86: After 4 days of trial, defendant acquitted on both counts.
Will & Baumer, Inc.
86-94
Howard J. Nybo
86-91
Frederick C. Kiesinger
86-92
Duane Simmons
86-93
(N.D. New York)
Facts: Discharge of pollutants, including phosphoric acid, arsenic,
lead, chromium, phosphorus, nickel, and manganese, through ditch or
stream into Ley Creek without notice to National Response Center.
Company is candle making factory near Onondaga Lake. Nybo is
executive vice president, Kiesinger is vice president in charge of
manufacturing, and Simmons is plant maintenance engineer.
05/02/86: Each defendant charged under separate indictment, all filed
on same date, as follows:
Nybo - Two counts discharging pollutants without permit in
violation of Clean Water Act, Sees. 301(a) and 309(c)(l) [33 USC
§§ 131 Ha) and 1319(c)(D] and two counts failure to report release of
hazardous substance under CERCLA, Sec. 103(b) [42 USC § 9603(b)}
Kiesinger - Two counts discharge without permit under Clean
Water Act, Sees. 30Ha) and 309(c)(l) and one count failure to notify
under CERCLA, Sec. 103(b)
Simmons - One count under Clean Water Act, Sees. 30 Ha) and
309(c)(l)
44
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Will & Baumer, Inc., et al.
(cont. from previous page)
Company - Two counts under Clean Water Act, Sees. 301(a) and
309(c)(l), one count under CERCLA, Sec. 103(b); one count storage of
hazardous waste without permit under RCRA, Sec. 3008(d)(2) [42
USC § 6928(d)(2)]; one count disposal of hazardous waste without
permit in violation of RCRA, Sec. 3008(d)(2) [42 USC § 6928(d)(2)l
and one count conspiracy [18 USC § 371].
Defendants each pled guilty to all charges.
06/10/86: Defendants sentenced as follows:
Nybo - One year imprisonment (execution of sentence suspended), 2
years probation, $24,000 total fine, and 400 hours community service
Kiesinger - 3 months imprisonment (execution of sentence
suspended), 2 years probation, $12,000 total fine, and 200 hours
community service
Simmons - 3 months imprisonment (execution of sentence
suspended), 2 years probation, $5,000 fine plus $25 special
assessment, and 100 hours community service
Company - $360,000 total fine ($300,000 stayed) plus $225 special
assessment, 3 years probation with condition that company commit
no violation of environmental laws
Nabisco Brands, Inc.
86-00041
Willard L. Kaser
86-00040
William Parks
86-00042
(W.D. Washington)
Facts: Discharge of untreated industrial waste from company's yeast
operations in Sumner into Stuck River (White River). Kaser is plant
manager and Parks is plant production supervisor.
05/08/86: Two-count information filed charging company with
willfully and negligently discharging pollutants without permit in
violation of Clean Water Act, Sees. 301(a) and 309(c)(l) [33 USC
§§ 1311(a) and 1319(c)(l)]. One-count information filed charging
Parks with conspiracy to discharge pollutants without permit [18 USC
§ 371]. Indictment returned charging Kaser with one count conspiracy,
seven counts mail fraud [18 USC § 1341]; one count submitting false
statements [18 USC § 1001]; and 68 counts discharging pollutants without
permit under Clean Water Act, Sees. 301 and 309(c)(l).
05/14/86: Company and Parks entered guilty pleas to all counts
charged.
06/25/86: Kaser entered guilty pleas to one count conspiracy and one
count mail fraud.
45
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Nabisco Brands, Inc.
(cont. from previous page)
06/27/86: Company sentenced to $450,000 fine (execution of $150,000
suspended), and directed to establish Environmental Trust Fund in
amount of $150,000 for enhancement of fish and game fish resources
and hatcheries in Stuck, White, and Puyallup Rivers plus $200 penalty
assessment for Crime Victim's Fund, and 3 years probation.
07/18/86: Parks sentenced to $2,500 fine and 3 years probation plus 250
hours community service.
09/12/86: Kaser sentenced to $5,000 fine and 1-year and 1-day term of
imprisonment of which he must serve at least 9 months and 18 days plus
$75 assessment to Crime Victim's Fund.
12/86: Fleischman's Yeast, Inc. added to the "Consolidated List of
Debarred, Suspended, and Ineligible Contractors" for an indefinite
period.
Bruce Norman Barker
Washington Boat Center, Inc.
86-00127
(W.D. Washington)
Bruce Norman Barker
Washington Boat Center, Inc.
CR88-90PKS
(W.D. Washington)
Facts: Dredged spoils discharged into Lake Washington Ship Canal,
and Army Corps of Engineers investigator falsely informed that large
dredging pump was used not to dredge but for removal of silt cloud.
Barker is chief operations officer.
05/08/86: A 57-count indictment filed charging Barker and company
each with one count false statements [18 USC § 1001] and 56 counts
willfully and negligently discharging pollutants without permit in
violation of Clean Water Act, Sees. 301 (a), 309(c)(l) and 404 [33 USC
§§ 1311(a), 1319(c)(l) and 1344].
08/01/86: Defendant's motion to dismiss false statement count granted
based on "Exculpatory No" doctrine.
08/04/86: Trial begins.
08/07/86: After 4 days of trial, court ordered judgment of acquittal of all
remaining counts for each defendant.
03/29/88: A 33-count information charging Barker and company each
with being accessories [18 USC §§ 2 and 3628] to 33 counts involving
excavation and dredging of sediments and debris from under and
around a pier at the Washington Boat Center Marina, without having
obtained a permit from the U.S. Army Corps of Engineers, in violation
of Rivers and Harbors Appropriation Act of 1899 (Refuse Act), Sees. 10
and 12 [33 USC §§ 403 and 406].
07/21/88: A Motion to Dismiss all charges was granted.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Marine Power and Equipment, Inc.
Richard C. Woeck
Peter F Woeck II
Lloyd Anderson
Frank Brady
86-128
(W D Washington)
Facts: Marine Power and Equipment, Inc. was engaged in ship
building operations. Discharge of sand blast waste laden with toxic
heavy metals including lead, arsenic, and copper into Lake Union and
Duwamish River. R. Woeck is president, P. Woeck is vice president
and superintendent of new construction, Anderson is vice president,
and Brady is ship repair superintendent.
05/08/86: A 115-count indictment returned charging:
R. Woeck - One count conspiracy [18 USC §371], 113 counts
discharging pollutants without permit in violation of Clean Water
Act, Sees. 301(a) and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)(l)l and
one count obstructing navigable waterway in violation of Section 10
of Rivers and Harbors Appropriations Act of 1899, Sees. 10 and 12 [33
USC §§ 403 and 406]
P. Woeck and Anderson - One count conspiracy and 113 counts
discharging pollutants without permit
Brady - One count conspiracy and 81 counts discharging pollutants
without permit
Company - 113 counts discharging pollutants without permit and
one count obstructing navigable waterway
12/OL/86: Corporation, Peter and Richard Woeck, and Anderson each
pled guilty to two-count information filed that date charging negligent
discharge of pollutants in violation of Clean Water Act, Sees. 301(a)
and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)(l)]. Charges against Brady
dismissed.
04/10/87: Marine Power was sentenced to pay a $200,000 fine and placed
on probation for 3 years. Richard Woeck was sentenced to pay a $4,000
fine, serve 5 days of a 1-year term of imprisonment and provide 300
hours of community service. Peter Woeck was sentenced to pay a $3,000
fine, serve 5 days of a 1-year term of imprisonment and provide 300
hours of community service and placed on probation for 3 years.
Anderson was sentenced to pay a $1,000 fine and placed on probation for
3 years.
Sea Gleaner Marine, Inc.
Paul D. Schwitters
86-00129
(W.D. Washington)
Facts: Spent abrasive blasting grit and paint particles discharged into
Lake Union Schwitters is chief operating officer.
05/08/86: Information filed charging Schwitters and company each
with four counts discharging pollutants without permit in violation of
Clean Water Act, Sees. 301(a) and 309(c)(l) [33 USC §§ 1311(a) and
47
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket NoVCourt
Facts and Status
Sea Gleaner Marine, Inc.
(cont from previous page)
08/14/86: Jury returned guilty verdicts on three counts against each
defendant.
10/06/86: Corporation sentenced to a $60,000 fine (all but $30,000
suspended) and 5 years probation plus $300 penalty assessment to Cnme
Victim's Fund. Schwitters sentenced to $15,000 fine (all but $5,000
suspended) and placed on probation for 1 year plus $75 penalty
assessment to Crime Victim's Fund.
Robert E. Derecktor of
Rhode Island, Inc.
151 East Post Road Corporation, Inc.
Robert E. Derecktor
86-022
(D. Rhode Island)
Facts: Robert E. Derecktor is president of Derecktor, Inc., operator of
shipyard for building and repairing vessels located on Coddington
Grove in Middletown. Post Road Corporation owns farm in Portsmouth
occupied by Robert E. Derecktor. Transformers from shipyard leaking
PCBs found buried at farm.
05/20/86: A 46-count indictment returned charging each defendant as
follows:
Derecktor, Inc. - Six counts for PCB violations under TSCA, Sees.
15(1 )(c) and 16(b) [15 USC §§ 2614(l)(c) and 2615(b)]; two counts
failing to report release of PCB and asbestos in violation of
CERCLA, Sec. 103(b) [42 USC § 9603(b)]; 29 counts discharging
pollutants from drydock without permit in violation of Clean Water
Act, Sees. 301(a) and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)(l)]; two
counts storage and disposal of hazardous wastes without permit in
violation of RCRA, Sec. 3008(d)(2) [42 USC § 6928(d)(2)]; four counts
violating NESHAPS work practice standards for asbestos removal
in violation of Clean Air Act, Sees. 112(c)(l)(B), 112(e)(5), and
113(c)(l)(C) [42 USC §§ 7412(c)(l)(B), 7412(e)(5), and 7413(c)(l)(C)l;
and one count violation of Hazardous Materials Transportation Act
(HMTA) [49 USC § 1809(b)]
Derecktor • Seven counts PCB violations under TSCA, one count
under HMTA, one count failing to report release of hazardous
substance (PCBs) under CERCLA, one count conspiracy [18 USC
§ 371], and 29 counts discharging pollutants without permit
East Post Road Corporation - Two counts PCB violations and one
count failure to report release of hazardous substance (PCBs)
12/29/86: Derecktor, Inc. was sentenced to $600,000 fine on its plea of
guilty to 24 counts of violating the Clean Water Act and one count each
of violating the Clean Air Act and CERCLA. Suspension of $200,000
depends upon restitution of that amount to the Hazardous Waste
Emergency Response Fund. Robert Derecktor was sentenced to $75,000
fine on his plea of guilty to violating three counts of TSCA and to 5 years
of probation for an additional count of violating TSCA.
48
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Custom Engineering, Inc.
Billy Closson
Roger Scoggins
John Sidwell
86-00513
(C.D. California)
Paul Chavez
088-362
(C.D. California)
Facts: Submission of testing results and supporting documentation to
EPA by automobile emissions testing ("gray market") laboratory in
Garden Grove stating that certain nonconforming vehicles were tested
under required federal testing procedures and met applicable emission
standards. Closson is president, Scoggins is manager, and Sidwell
works as technical director.
06/10/86:
follows:
A 36-count indictment returned charging each defendant as
Company and Closson - 18 counts mail fraud [18 USC § 1341] and 15
counts making false statements [18 USC § 1001] for alleged
submission of false testing results
Scoggins - 18 counts mail fraud and 11 counts false statements
Sidwell - Four counts mail fraud and four counts false statements,
plus three counts perjury [18 USC § 1623] for making false
declarations to the grand jury
12/10/86: Custom Engineering and Closson each pled guilty to five
counts of making false statements to the federal government and four
counts of mail fraud. Scoggins pled guilty to two counts of mail fraud.
Sidwell pled guilty to two false statement counts.
03/31/87: Scoggins and Sidwell each placed on 5 years probation.
05/04/87: Custom Engineering was placed on 5 years probation, and
Closson was sentenced to 6 months imprisonment and 5 years
probation.
04/25/88: Two-count information charged defendant, Paul Chavez, with
two counts of making false statements (in conjunction with the above
case) in violation of CAA, Sec. 113(c)(2) [42 USC § 7413(c)(2)].
05/09/88: Chavez pled guilty to both counts charged in the information.
06/03/88: Chavez was sentenced to 2 years probation and 200 hours
community service.
Jay Hamburg
86-174
(D. Colorado)
Facts: Transportation of used paint solvents and paint waste including
acetone, methyl ethyl ketone, toluene, xylene, and N-butyl acetate to
Denver facility. Hamburg is president of Metro Shop Supplies and
Moser is vice president.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket NoVCourt
Facts and Status
Jay Hamburg
(cont. from previous page)
Neil Moser
86-199
(D. Colorado)
06/17/86: Five-count indictment returned charging both defendants
with one count treating hazardous wastes without permit in violation of
RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]; two counts storing
hazardous wastes without permit in violation of RCRA, Sec.
3008(d)(2)(A); one count disposing hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A) and one count making false
statements to EPA [18 USC § 1001].
07/22/86: Information filed charging Moser with one count failure to
report release of hazardous substances under CERCLA, Sec 103(b) [42
USC § 9603(b)].
07/31/86: Moser pled guilty to information.
09/10/86: Moser sentenced to a $500 fine, 2 years of probation, a $25
assessment for the Crime Victim's Fund, and ordered to perform 200
hours of community service.
10/30/86: Hamburg pled guilty to the two-count information charging
him with violation of CERCLA reporting requirements [42 USC
§ 9603(b)(3)] which had been filed the previous day.
12/12/86: Hamburg sentenced to $2,000 fine, 2 years of probation, and
120 hours of community service. He must also attend a course on
hazardous waste.
Hope Resource Recovery, Inc.
86-00458
(E.D. New York)
Air contamination source operated by refuse incineration company in
Long Island City, Queens without certification required under State
Implementation Plan (SIP) regulations.
07/02/86: Information filed charging company with seven counts
violating Clean Air Act, Sec. 113(c)(l)(a)(ii) [42 USC § 7413
09/10/86: Corporation sentenced to a $10,000 fine.
Arnold N. Graham
86-00137
(W.D. Missouri)
Facts: Employee of TWA in charge of wastewater treatment plant at
overhaul base in Kansas City received illegal kickback payments from
chemical supplier for plant and falsified Discharge Monitoring Reports
(DMRs) submitted to Missouri Department of Natural Resources.
07/30/86: Graham pled guilty to two-count information filed same date
charging one count conspiracy [18 USC §371] and one count false
statements to EPA in violation of Clean Water Act, Sec. 309(c)(2) [33
USC § 1319(c)(2)].
50
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No /Court
Facts and Status
Arnold N. Graham
(cont. from previous page)
09/18/86: Defendant sentenced to 3 years and 6 months imprisonment
(all but 6 months suspended), $10,000 fine on conspiracy charge with
additional 6 months of imprisonment, $10,000 fine on false reports
charge, sentences to run consecutively, plus 5 years probation, 200 hours
community service, and $21,075 restitution to TWA.
Cambridge Mill Products, Inc.
Charles LeBeau, Jr.
85-5089L
(N.D. Ohio)
Facts: Inadvertent excavation of barrels at Keffler and Rose mine site
revealed truckloads of drummed wastes containing PCBs were dumped
there. LeBeau is president of Cambridge Mill Products, a corporation
manufacturing high vacuum pump fluid and reclaiming investment
casting wax.
09/03/86: Information filed charging each defendant with two counts
disposal of PCBs in violation of TSCA, Sees. 15 and 16(b) [15 USC §§ 2614
and 2615(b)]. Defendants each pled guilty to one count.
11/19/86: Company and LeBeau each sentenced to joint and several
liability for $25,000 fine, cleanup costs of $23,000, and LeBeau sentenced
to 90 days probation.
Ralph Burgholzer
Lavell Mclntyre
86-00261
(D. Arizona)
Facts: Raw sewage discharged into Colorado River through POTW
owned by Colorado River Sewage System Joint Venture (JV). Mclntyre
is JV chairman of the board and Burgholzer is plant operator.
09/17/86: Four-count indictment charged each defendant with
discharging pollutants into navigable waters without a permit in
violation of the Clean Water Act, Sees. 301(a) and 309(c)(l) [33 USC
§§ 1311(a)and
03/17/87: Superseding indictment filed charging Burgholzer and
Mclntyre with 15 counts unpermitted discharges in violation of Clean
Water Act and Burgholzer with one count making false statement in
violation of 18 USC § 1001.
07/21/87: Both defendants pled guilty to three counts of unpermitted
discharges in violation of Clean Water Act, Sec. 309(c)(l) [33 USC
§ 1319(c)(l)].
08/31/87: Burgholzer was fined $7,500 and a $75 special assessment.
Mclntyre was fined $7,500 and must resign from post as chairman of
Joint Venture Sewer System.
51
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Fiscal Year 1987
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LIFTED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION-
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Irwin Pearlman
Salvatore C. Williams
86-246
(W.D. Pennsylvania)
Facts: Williams, owner of former school building in residential area
of Pittsburgh, and Pearlman, the contractor who removed boiler and
heating system, failed to comply with NESHAP work practice
standards for asbestos. Violations include failure to give notice of
intention to demolish or renovate and failure to wet down material and
comply with other removal procedures for asbestos. Violations occurred
after EPA Region III issued administrative order directing defendants
to cease asbestos removal work at site and respond to requests for
information regarding these activities.
10/31/86: Indictment filed charging each defendant with two counts
failure to comply with NESHAP standards in violation of Clean Air
Act, Sees. 112(c) and 113(c)(l)(O [42 USC §§ 7412(c) and 7413 (c)(l)(C)];
and one count failure to comply with EPA administrative order in
violation of Clean Air Act, Sec. 113(c)(l)(B) [42 USC § 7413(c)(l)(B)].
12/30/86: Defendants pled guilty to two counts of violating NESHAP
standards and each sentenced to $1,000 fine.
USM Corporation
86-365F
(D. Massachusetts)
Facts: J. C. Rhodes Division of USM Corporation failed to submit
reports on wastes discharged to local POTW from electroplating
operations of its New Bedford plant for the production of shoe
components.
11/10/86: A 41-count indictment filed charging corporation with 32
counts failure to comply with pretreatment standards in violation of
Clean Water Act, Sees. 307 and 309(c)(l) [33 USC §§ 1317 and 1319(c)(l)l;
five counts willful and negligent discharge of wastewater into POTW
in violation of pretreatment standards for acidity, in violation of Clean
Water Act, Sees. 307 and 309(c)(l); and four counts of willful and
negligent failure to submit required compliance reports in violation of
Clean Water Act, Sees. 307, 308, and 309(c)(l) [33 USC §§ 1317, 1318 and
12/30/86: Corporation pled guilty to all 41 counts and sentenced to fine of
$1,025,000 with $225,000 suspended if company completes construction of
wastewater treatment system by 10/03/87.
Daniel Lee Turner
86-332-1
(E.D. Washington)
Facts: In May 1986, waste "restricted-use" pesticides, including
parathion, lindane, strychnine, endrin, dieldrin, and 2,4,5-T, were
dumped along and into the Okanogan River near Malott, Washington.
Turner is a certified pesticide applicator.
52
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
Daniel Lee Turner
(cont. from previous page)
11/17/86: Eight-count indictment filed charging defendant with six
counts disposal of hazardous waste without a permit in violation of
RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]; one count knowing
endangerment by disposing of hazardous wastes with the knowledge
that it placed another person in imminent danger of death or serious
bodily injury in violation of RCRA, Sec. 3008(e) [42 USC § 6928(e)]; and
one count failure to notify of the release of a hazardous substance into
the environment in violation of CERCLA, Sec. 103(b) [42 USC § 9603(b)].
03/27/87: The jury returned a verdict of acquittal to all eight counts
charged against Turner.
Jack E. White
Brownie C. McBnde
Jerry L. Findley
Henry R. White
86-20015
(W.D. Arkansas)
Facts: The Food and Drug Administration discovered contamination
of dairy products with heptachlor, a carcinogenic pesticide. J.E.W.,
Inc. and White Flame Fuels, Inc. manufactured fuel grade alcohol and
produced animal feed by blending spent distillers mash with other
grain and grain by-products. Valley Feeds, Inc. sold that animal feed
to livestock growers in Arkansas, Oklahoma, and Missouri. Jack E.
White is principal officer, stockholder, and manager of White Flame
Fuels, Inc., J.E.W., Inc., and Valley Feeds, Inc.; Brownie C. McBride
is plant superintendent employed by White Flame Fuels, Inc., J.E.W.,
Inc. and Valley Feeds, Inc.; Jerry L. Findley is former president of
Valley Feeds, Inc. and operations manager of J.E.W., Inc.; and Henry
R. White is a corporate officer of Valley Feeds, Inc.
11/21/86: A 52-count indictment resulted from use of seed treated with
aldrin, captan, dieldrin, heptachlor, or methoxychlor and grain
contaminated with aflatoxin to manufacture alcohol and then mixing
the adulterated or contaminated mash with animal feed that was sold to
dairy farmers.
Specific charges are as follows:
J. White and McBride - One count conspiracy [18 USC § 371]; eight
counts mail fraud [18 USC § 1341]; 13 counts wire fraud [18 USC
§ 1343]; one count racketeenng [18 USC § 1962(c)], five counts
interstate transportation of money taken by fraud [18 USC § 2314];
six counts adulterating food [21 USC §§ 331(d) and 333(b)]; 11 counts
interstate sales of adulterated food [21 USC §§ 331(a) and 333(b)); and
four counts discharging pollutants in violation of Clean Water Act,
Sees. 301 and 309 [33 USC §§ 1311(a) and 1319(c)(l)]. White also
charged with one count making a false statement [18 USC § 1001].
Findley - One count conspiracy, two counts false statements, one
count mail fraud, three counts wire fraud, one count racketeering,
one count interstate transportation of money taken by fraud, and
one count discharging pollutants
53
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UNITED STATES ENVIRONMENTAL PROTECTION* AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket NoVCourt
Facts and Status
Jack E. White, et al.
(cont. from previous page)
H. White - Seven counts mail fraud, 10 counts wire fraud, one count
racketeering, four counts interstate transportation of money taken
by fraud, six counts adulterating food, and 11 counts interstate sales
of adulterated food
05/11/87: Trial began.
05/21/87: Findley entered a plea of guilty to one count of conspiracy and
one count discharging pollutants in violation of the Clean Water Act.
05/22/87: The jury returned a verdict of guilty as follows:
J. White, McBride, and H. White - Two counts wire fraud, two
counts interstate transportation of money taken by fraud and 13
counts of lesser included offenses of the Food, Drug and Cosmetic
Act. J. White and McBride three counts discharging pollutants in
violation of the Clean Water Act; J. White one count false
statements
07/22/87: Jack White was fined $7,500 and sentenced to 3 years
imprisonment. Brownie McBride was fined $7,500 and sentenced to 1
year and 1 day imprisonment. Jerry Findley was fined $5,000 and 3
months probation. Henry White was sentenced to 1 year, and 1 day
imprisonment.
Euro-Auto Ltd., Inc.
James S. Strecker, Jr.
Barbara A. Strecker
86-95TB
(WD. Washington)
Facts: Strecker, an automobile dealer in Auburn, his wife, Barbara,
and Euro-Auto Ltd., Inc., the corporate dealership, are involved in auto
importation.
12/17/86: A 74-count indictment returned charging defendants with
violations arising from fraudulent scheme to avoid required auto
emission standards for "gray market" vehicles imported under EPA
"5-year exemption." J. Strecker and company also charged with
violations relating to falsification of DOT-required odometer mileage
statements. Specific charges are as follows:
J. Strecker and company - Two counts conspiracy (one for odometer
fraud) [18 USC § 371]; 40 counts making false statements to three
federal agencies [18 USC § 1001]; 18 counts smuggling [18 USC
§ 5451; and 14 felony counts for the roll-back of odometer mileage
settings [18 USC § 199
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
Euro-Auto Ltd., Inc , et al.
(cont from previous page)
05/18/87: Trial begins for James Strecker and Euro-Auto. Barbara
Strecker to be tried separately following her motion for severance.
06/05/87: Jury returned a guilty verdict against Strecker on 14 counts of
odometer fraud and 19 counts of false statements against Euro-Auto on
10 counts of odometer fraud and 19 counts of false statements
07/31787: The company was fined $10,000 and ordered to pay $4,300 to the
Crime Victim's Fund. James Strecker, Jr. was fined $15,000, 5 years
imprisonment with execution of all but 3 months suspended, 5 years
probation, and ordered to pay $1,075 to the Crime Victim's Fund.
09/02/87: Barbara Strecker pled guilty to a two-count superseding
information charging her with submitting false documents to the
Customs Service in violation of 27 USC § 7207. She was sentenced on the
same day to 1 year probation and ordered to pay $50 to the Crime
Victim's Fund.
Euro-Auto and James Strecker agreed to pay the U.S. Government
$15,000 storage charges on the 18 vehicles seized August 22, 1985 plus
$125,000 and surrender ownership rights to nine of the 18 vehicles
seized; the remaining nine vehicles will be returned to Euro-Auto and
its creditor, and the government agreed to dismiss the remaining
counts on Euro-Auto Ltd. and James Strecker, Jr.
W. R. Grace & Co.
87-27
(D Massachusetts)
Facts: W. R. Grace & Co. submitted a letter to EPA Region I in
response to a Request for Information issued under RCRA, Sec. 3007 [42
USC § 6927]. W. R. Grace & Co. is a multi-national corporation
incorporated in Connecticut and headquartered in New York. The
Woburn plant was engaged primarily in metal fabrication of
packaging equipment for the food industry.
01/28/87: A federal grand jury in Boston indicted W. R. Grace & Co. on
two felony counts of making false statements to EPA in violation of 18
USC § 1001. The company was charged with making the allegedly false
statements in 1982 in a letter concerning the amounts of certain
chemicals (trichloroethylene and acetone) used at or purchased for
W. R. Grace's Cryovac Division plant in Woburn, and the types of
chlorinated solvents (such as trichloroethylene, toluene, acetone, and
1,1,1-trichloroethane) used at the plant. The company was also charged
with concealing, in the same letter, the fact that waste solvents had, on
numerous occasions, been poured on the ground behind the plant
building. EPA undertook to determine the source of pollutants in
groundwater adjacent to two contaminated and closed municipal
drinking wells in Woburn, Massachusetts.
05/31/88: The company pled guilty to one count making a false
statement [18 USC § 1001]. On the same date, the company was fined the
maximum statutory fine of $10,000.
55
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Custom Food Machinery
Ronald McNiel
Eugene Welch
87-20002
(N D California)
Facts: Ronald McNiel is president and owner of Custom Food
Machinery and Eugene Welch is an employee.
01/29/87: Custom Food Machinery, McNiel, and Welch each pled guilty
to a one-count TSCA criminal information filed in San Francisco. The
count arose from the defendants' illegal burial on the firm's property of
a large transformer containing and leaking PCBs in excess of 50 ppm
in violation of TSCA, Sees. 15 and 16(b) [15 USC §§ 2614 and 2615(b)].
Custom Food was fined $15,000 and placed on 3 years probation, while
McNiel was fined $5,000 and given 2 years probation. Welch was
sentenced to 2 years probation.
Jay Woods Oil, Inc.
Edmund Woods
87-20012
(E.D. Michigan)
Frank Lynch
87-CR-20017BC
(E.D. Michigan)
Facts: Jay Woods Oil, Inc., operated a number of underground
injection wells in conjunction with its oil recovery operation. EPA
discovered plugs installed on four wells during a mechanical integrity
test.
02/13/87: A federal grand jury indicted Jay Woods Oil, Inc., and its
president, Edmund Woods, on four felony counts of concealing a
material fact from EPA by trick, scheme, or device in violation of 18
USC § 1001. In addition, Mr. Woods was charged with having
committed perjury before a grand jury, in violation of 18 USC § 1623, a
felony. The company and Mr. Woods were charged with deceiving
EPA by placing plugs into four underground injection wells so it would
appear that they met the mechanical integrity test (MIT) requested by
Region V under 40 CFR Part 144 promulgated pursuant to the Safe
Drinking Water Act.
04/20/87: The corporation pled guilty to all four counts and Woods pled
guilty to two counts of false statements [18 USC § 1001].
05/20/87: The corporation was fined $1,000 and assessed $200 on each
count and placed on probation. Wood was assessed $50 on each count
and sentenced to 9 months incarceration on each count to be served
concurrently. He will be considered for release upon serving 3 months.
Facts: Lynch, a former employee of Woods Contracting, was present
when Woods installed the plug on the Lake Isabella well.
04/03/87: One-count indictment filed charging Lynch with making a
false material declaration under oath in a proceeding before a grand
jury in violation of 18 USC § 1623.
06/02/87: Lynch pled guilty to one count of a superseding information
charging him with disobedience of a lawful U.S. District Court
command in violation of 18 USC § 401(3).
56
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
Frank Lynch
(cont. from previous page)
07/28/87: Lynch sentenced to 6 months imprisonment (all suspended)
and placed on 2 years probation for violation of 18 USC § 401(3).
Joseph Tietelbaum
87-75
(D. New Jersey)
Facts: Joseph Tietelbaum, president of LMT Steel of Hoboken, controls
TNT Realty which owns a warehouse in Edison. A semi-trailer
abandoned in a vacant lot in Newark contained 59 drums of chemicals
alleged to have come from that warehouse.
03/03/87: A federal grand jury in Newark returned a four-count
indictment charging Tietelbaum with one count conspiracy in
violation of 18 USC § 371 and three counts of transporting hazardous
waste without a manifest form to an unpermitted disposal facility in
violation of RCRA, Sec. 3008(d)(l), (d)(2)(A), and (d)(5) [42 USC
§§ 6928(d)(l), 6928(d)(2)(A), and 6928(d)(5)].
06/28/87: Tietelbaum pled guilty to one count of transporting hazardous
waste in violation of RCRA [42 USC § 6928(d)(5)].
07/30/87: Tietelbaum sentenced to pay $20,000 fine, assessed $50, and
placed on 2 years probation.
Marathon Development Corp.
Terrence Geoghegan
87-129MC
(D. Massachusetts)
Facts: Marathon scraped, leveled, and piled debris in wetlands on part
of a 117-acre site in Seekonk, Massachusetts in order to build an access
road for the construction of a ISO-store mall and cinema. Geoghegan is
one of Marathon's senior vice presidents.
04/08/87: A 25-count indictment filed charging each defendant with
failure to acquire a U.S. Army Corps of Engineers permit to fill a
wetland between June 17 and October 16, 1986, in violation of Clean
Water Act, Sees. 301(a) and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)U)].
05/05/87: A 25-count superseding information filed charging the same
defendants with the same counts as in the first indictment.
05/04/88: U.S. District Judge sentenced defendants Marathon
Development and Geoghegan subsequent to the filing of superseding
information (05/05/88) and to their guilty pleas on all 25 counts charged
in superseding information (05/31/88).
05/31/88: Geoghegan was sentenced to a 6-month suspended prison
term, fined $10,000 and 1 year probation. Marathon was sentenced to
pay a $100,000 fine.
Freeman Krum
87-0071
(M.D. Pennsylvania)
Facts: Krum operated a metal reclamation facility in Montours County
which received a truckload of used electrical transformers. The
transformers were drained and used for scrap metal.
57
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket NoVCourt
Facts and Status
Freeman Krum
(cont. from previous page)
04/20/87: Krum pled guilty to a three-count information filed charging
improper storage and disposal and failure to keep PCB records in
violation of TSCA, Sees. 6(e), 15, and 16 [15 USC §§ 2605(e), 2614, and
2615(b)] and regulations promulgated by EPA [40 CFR §§ 761 60, 761.65
and 761.80].
06/10/87: Krum was sentenced to 18 months probation on each count to be
served concurrently and costs of $25 on each count.
John Meyer
87-10060M
(E.D. Missouri)
Facts: Meyer imported foreign automobiles for sale in the United
States. A 5-year exemption was claimed for two Mercedes Benz that
were subsequently resold.
04/23/87: Meyer pled guilty to an information charging two counts of
violating the Clean Air Act, Sec. 113(c)(2) [42 USC § 7413(c)(2)] by
making false statements to EPA in connection with an automobile
import scheme.
05/22/87: Meyer was fined $10,000, sentenced to 2 years probation, and
ordered to pay $2,600 in restitution to Missouri.
Denver Sanitary Company
Frank R. Giardino
Donald C. Hughes
Andrew Fedorowicz
87-CR-117
(D Colorado)
Facts: Denver Sanitary Company is a waste hauling and disposal
company. Giardino is the company vice president; Hughes and
Fedorowicz are supervisors. Wastes collected by the company were
dumped into local sewer systems.
04/24/87: A 22-count indictment was filed charging each defendant
with one count of conspiracy [18 USC § 371] and four counts of
transportation of hazardous waste to an unpermitted facility, a violation
of RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)]. The additional charges
are as follows:
Making false statements [18 USC § 1001] - The company two counts,
and Giardino one count
Willful and negligent discharge of pollutants into a POTW, in
violation of the Clean Water Act, Sees. 307(b) and (d) and 309(c)(l)
[33 USC §§ 1317(b) and (d) and 1319(c)(l)] - The company and
Giardino four counts each
Unpermitted storage of hazardous waste in violation of RCRA, Sec.
3008(d)(2)(A) [42 USC § 6928 (d)(2)(A)] - The company, Giardino,
and Hughes six counts each, Fedorowicz two counts
Making a false statement in violation of RCRA, Sec. 3008(d)(3) [42
USC § 6928(d)(3)] - The company and Hughes five counts each
58
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Denver Sanitary Company, et al.
(cont. from previous page)
07/14/87: The company pled guilty to one count of making a false
statement, two counts of transporting hazardous waste to an unpermitted
facility and one count of illegal storage of hazardous waste.
09/04/87: The company was fined $85,000, $40,000 suspended if the
company complies with all environmental laws during 3-year
probationary period, and ordered to perform community service
02/11/88: Defendants Giardino, Hughes, and Fedorowicz charged in a
superseding information.
Giardino and Fedorowicz each charged with:
One count of willful and negligent discharge into a POTW, in
violation of Clean Water Act, Sees. 307(b) and (d) and 309(c)(l) [33
USC §§ 1317(b) and (d) and 1319(c)(l)]; one count violation of RCRA,
Sec. 3008(d)(l) [42 USC § 6928(d)(l)]; one count violation of RCRA,
Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)], and as an accessory
after the fact [18 USC § 3] on each count
Hughes was charged in the same superseding information with-
One count violation of RCRA [42 USC § 6928(d)(2)(A)], one count
violation of RCRA [42 USC § 6928(d)(3)], and charged as an
accessory after the fact [18 USC § 3] on each RCRA count
03/15/88: Defendant Fedorowicz entered guilty plea to all three counts
charged in superseding information and was sentenced to pay $2,500
fine, 1 year probation and 300 hours of community service.
03/22/88: Defendants Giardino and Hughes entered guilty plea to all
counts charged in superseding information. Giardino was sentenced to
pay $7,500 fine and Hughes was sentenced to pay $3,000 fine.
Leigh Industries
Leigh-Denver Industries
Gabnel Demshar, Jr.
87-CR-116
(D Colorado)
Facts: Leigh-Denver is a subsidiary of Leigh-Industries, Inc. of Ohio
which custom molds fiberglass and plastic products. Demshar is the
president of Leigh-Denver. Barrels of toxic and corrosive hazardous
wastes were dumped at the Denver facility.
04/24/87: Each defendant was charged with two counts of disposal of
hazardous wastes at an unpermitted facility in violation of RCRA, Sec.
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)].
07/17/87: Two-count superceding information filed charging Demshar
with failure to notify of release of hazardous substances under
CERCLA, Sec. 103(b) [42 USC § 9603(b)]. Demshar pled guilty to both
counts the same day. The company pled guilty to one count of disposal of
hazardous wastes at an unpermitted facility in violation of RCRA [42
USC § 6928(d)(2KA)]
59
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
Leigh Industries
(cont. from previous page)
08/14/87: The company was fined $1.00 and $200 special assessment.
Defendant Demshar was sentenced to pay a $10,000 fine.
Protex Industries, Inc.
Donald James Wilson
Charles Vesta Hyatt
87-CR-115
(D Colorado)
Facts: Protex manufactures and sells chemical products, including
cunng compounds, grouts, and epoxies used in concrete construction
Wilson is the general manager and Hyatt is the comptroller
04/24/87: A 19-count indictment was filed charging each defendant
with one count of conspiracy [18 USC § 1001], one count of discharging
pollutants in violation of the Clean Water Act, Sees. 301(a) and 309(c)(l)
[33 USC §§ 1311(a) and 1319(c)(D] and nine counts of storage and
disposal of hazardous wastes in violation of RCRA, Sec. 3008(d)(2)(A)
[42 USC § 6928(d)(2)(A)]. The firm was charged with four counts and
Hyatt was charged with three counts of making false statements about
the manner in which hazardous industrial waste products were
generated and stored [18 USC § 1001]. The firm was also charged with
one count of transportation of hazardous waste in violation of the
Hazardous Materials Transportation Act [49 USC §§ 1804 and 1809(b)l
and three counts of knowingly endangering its employees by directing
them to handle hazardous wastes in a manner that represented an
imminent danger to them of death or serious bodily injury, a violation
of RCRA, Sec. 3008(e) [42 USC § 6928(e)].
11/23/87: Defendant Hyatt pled guilty to one count violating Clean
Water Act [33 USC § 1319(c)(D], and one superceding information count
of violating RCRA [42 USC § 6928(d)(3)].
12/15/87: Defendant Donald Wilson severed from the trial. New trial
date not set.
12/21/87: Hyatt sentenced to 1 year probation for each count, $3,000 fine,
and $25 assessed for the Crime Victim/Witness Fund.
12/21/87: Federal district court jury handed down a guilty verdict on 16
of 18 counts against the company. The company was found guilty on the
following counts:
One count of conspiracy [18 USC § 371], four counts of making false
statements [18 USC § 1001], one count of illegal discharge, in
violation of the Clean Water Act [33 USC §§ 1311(a) and 1319(c)(l)|,
seven counts unpermitted storage and disposal of hazardous waste,
a violation of RCRA [42 USC § 6928(d)(2)(A)], and three counts of
knowingly endangering its employees, a violation of RCRA [42
USC § 6928(e)].
The following count was dismissed before the trial started:
60
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Protex Industries, Inc., et al.
(cont from previous page)
One count Hazardous Materials Transportation Act [49 USC §§ 1804
and 1809(b)]
03/03/88: Protex Industries, Inc. was sentenced to pay a $7,630,000 fine
(all but $440,000 suspended), 5 years probation on each count (to be served
concurrently), restitution to three victims totaling $950,000,
undetermined cleanup costs and $3,100 assessment to Crime Victim's
Fund.
05/28/88: Continuance granted for trial of company's general
manager, Donald J. Wilson. Trial date set for 09/19/88.
09/15/88: A superseding information was filed charging Wilson with
one count of accessory to making a false statement in violation of 18
USC § 3; two counts of illegal discharge of pollutants, in violation of the
Clean Water Act, Sees. 30Ha) and 309(c)(l) [33 USC §§ 1311(a) and
1319(c)(l)l; and two counts of failure to report discharge, in violation of
CERCLA, Sec. 103(b)(3) [42 USC § 9603(b)(3)]. On the same day, Wilson
pled guilty to all five counts charged in the superseding information.
10/18/88: Wilson was sentenced to pay a $25,000 fine, 5 years
imprisonment (all suspended), 5 years probation, 500 hours of
community service, and pay a $125 assessment to the Crime Victim's
Fund.
05/11/89: The Tenth U.S. Circuit Court of Appeals upheld the district
court convictions.
John Moran, Jr.
87-00107-01-CR-2-8
(W.D. Missouri)
Facts: A hooded witness testified before the U.S. House of
Representatives Committee on Government Operations' Subcommittee
on the Environment, Energy, and Natural Resources that he had, in
return for cash payments, dumped capacitors and drums containing
PCB-contaminated oil into the Missouri River and at nine other
locations including the Lake of the Ozarks. Moran is an inmate at the
Missouri Training Center for Men serving a 15-year sentence for an
armed robbery conviction.
05/18/87: A six-count indictment was filed charging Moran with
giving false statements after he admitted fabrication of the entire PCB-
dumping story [18 USC § 1001].
10/22/87: Moran was acquitted by the jury on all six counts of making
false statements [18 USC § 10011.
61
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
Merlyn Pollock
87-00148-l-CR-W-8
(W.D. Missouri)
Facts: Chemicals from the Posch Foundry laboratory were disposed of
at a sanitary landfill and abandoned in an open field. Pollock had
purchased Posch Foundry.
06/23/87: Pollock was indicted on two counts of violating TSCA [15 USC
§§ 2614 and 2615] and one count of violating RCRA [42 USC § 6928(d)].
09/11/87: Pollock pled guilty to two counts of violating TSCA [15 USC
§2614 and 2615].
11/09/87: Pollock sentenced to pay $35,000 fine, $25 on each count for an
administrative fine, imprisonment sentence suspended, and 1 year
probation on each count to be served concurrently. Fines to be paid in the
first 10 months of probation.
Jere Neil Ellis
James "Buddy" Floyd
87-20105-G
(W.D. Tennessee)
Facts: Ellis owns and operates Solid and Liquid Waste Disposal
Company located in Dyersburg, TN. Floyd is employed by the company
as a truck driver. The company made agreements with other
companies to haul away industrial wastes and dispose of the wastes by
incineration. EPA assisted this FBI investigation by collecting and
analyzing samples from the site.
06/29/87: A 17-count indictment was filed charging both Ellis and
Floyd with one count of conspiracy [18 USC § 371] and 16 counts of mail
fraud [18 USC §§ 1341 and 2] for activities associated with storage and
disposal of wastes at the company's Dyersburg site.
03/28/88: Trial began in U.S. District Court.
04/05/88: After a 6-day trial, Ellis was convicted of all 16 counts of mail
fraud [18 USC § 1341 and 2], and acquitted on the conspiracy count.
Floyd was acquitted on all counts.
06/17/88: Ellis was convicted on 16 counts of mail fraud [18 USC § 1341].
06/27/88: Ellis was sentenced to pay a $16,000 fine, serve 2 years
imprisonment, 2 years probation, and pay $800 assessment to the Crime
Victim's Fund.
Albert S. Tumin
87^88
(E.D. New York)
Facts: Tumin abandoned three 55-gallon barrels of ethyl ether in an
empty lot in a residential neighborhood located in Rockaway, Queens,
New York, prior to returning a rental truck.
62
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Albert S. Tumin
(cont. from previous page)
07/08/87: Grand jury returned a three-count indictment against
Tumin, charging one RCRA count of illegal transportation of
hazardous waste to an unpermitted facility, a violation of RCRA, Sec.
3008(d)(l) [42 USC § 6928(d)(l)]; one count knowing endangerment by
disposing of hazardous wastes with the knowledge that it placed another
person in imminent danger of death or serious bodily injury in
violation of RCRA, Sec. 3008 [42 USC § 6928(d)l; and one count failure to
notify of the release of a hazardous substance into the environment in
violation of CERCLA, Sec. 103(b) [42 USC § 9603(b)]. Also charged with
18 USC § 3623 on each count.
07/22/87: Tumin arraigned in U.S. District Court, E.D. New York on
$100,000 bail.
11/02/87: Trial to begin.
03/28/88: Trial began.
04/13/88: Tumin was convicted on all counts charged in the indictment
filed 07/08/87, after a 2-day trial. Tumin's conviction as an individual
under the knowing endangerment provision of RCRA is the first of its
kind.
10/21/88: Tumin was sentenced to serve 5 years imprisonment (all but 2
years suspended).
Reidy Terminal, Inc.
87-00178 CR (4)
(E.D. Mo.)
Wisconsin Barge Line, Inc.
87-180CR(M2)
(E.D Mo.)
Anthony DeJohn
87-OOl8lCR(M4)
James Johnson
(E.D Missouri)
Facts: Reidy Terminal, Inc. was engaged in a barge cleaning
operation located in St. Louis, Missouri. Wisconsin Barge Line, Inc. is
the parent company of Reidy Terminal, Inc. Anthony DeJohn was
WBL s vice president and director of operations and James Johnson
was Reidy's former manager.
07/23/87: One-count information filed charging Reidy Terminal, Inc.
with unpermitted disposal of hazardous waste, a violation of RCRA, Sec.
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]. The company pled guilty to one-
count charge on the same day.
07/23/87: Five-count information filed charging Wisconsin Barge
Line, Inc. with unpermitted discharge in violation of Clean Water Act,
Sees. 301(a) and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)(l)]. The
company pled guilty to the five-count charge on the same day.
63
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket NoVCourt
Facts and Status
Reidy Terminal, Inc., et al.
(cont. from previous page)
07/31/87: Three-count information filed charging DeJohn with one
count discharge of pollutants without a permit in violation of Clean
Water Act, Sees. 301 and 309(c)(l) [33 USC §§ 1311 and 1319(c)(l)]; one
count failure to report discharge in violation of CWA, Sec. 311(b)(5) [33
USC § 1321(b)(5)]; and one count discharge of refuse in violation of
Rivers and Harbors Appropriation Act of 1899 (Refuse Act), Sees. 13 and
16 [33 USC §§ 407 and 411]. DeJohn pled guilty to one count of
unpermitted discharge of pollutants [33 USC §§ 1311 and 1319(c)(l)] and
one count unpermitted discharge of waste [33 USC §§ 407 and 411]; one
count of failure to report discharge was dismissed by the court.
08/07/87: One-count information filed charging Johnson with
discharge of pollutants without a permit in violation of Clean Water
Act, Sees. 301 and 309(c)(l) [33 USC §§ 1311 and 1319(cXD]. Johnson pled
guilty to one count information the same day.
08/14/87: Reidy Terminal, Inc. sentenced to pay $250,000 fine and $200
special assessment. Wisconsin Barge Line, Inc. sentenced to pay
$125,000 fine and $100 special assessment.
09/04/87: DeJohn sentenced to 3 years probation, 200 hours of
community service in the first 30 months on each count (to be served
concurrently) and $25 special assessment.
09/11/87: Johnson sentenced to 3 years probation, 100 hours of
community service, and $25 special assessment.
Patrick W. Paciesas
87-0059
(S.D. Ohio)
Facts: Paciesas was president of Sea Bright Environmental Company,
Inc. Sea Bright was an Ohio corporation authorized to do business in
Kentucky for the purpose of removal, transportation, and disposal of
hazardous waste and decommissioning of electrical transformers and
capacitors. Sea Bright contracted for the transportation and disposal of
polychlorinated biphenyls (PCBs) and PCB items.
08/03/87: One-count information filed charging that Paciesas
knowingly and willfully disposed oil contaminated with PCBs by
spilling, leaking, or discharging PCB-contaminated oil on the ground
in violation of TSCA, Sees. 15 and 16(b) [15 USC §§ 2614 and 2615(b)] and
regulations promulgated by EPA under 40 CFR § 761.60.
08/03/87: Paciesas pled guilty to one count of storage and disposal of
PCB-contaminated oil in an unlawful manner, a misdemeanor.
09/28/87: Paciesas sentenced to 2 years probation, 100 hours of
community service, and mandatory enrollment in an alcohol
treatment program.
64
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
John Plantan
CR-1-88-002
(S.D. Ohio)
(related to previous case, Paciesas )
01/06/88: Plantan, an employee of Sea Bright Environmental
Company, Inc. was indicted m a nine-count indictment Plantan is
charged with nine counts of violating PCB rules of TSCA, Sees 6(e), 15
and 16 [15 USC §§ 2605(e), 2614 and 2615(b)]. Plantan is also charged
with aiding and abetting [18 USC § 2] with each count.
04/14/88: Plantan pled guilty to two counts of violating PCB rules of
TSCA, Sees. 6(e), 15 and 16 [15 USC §§ 2605(e), 2614 and 2615(b)].
07/25/88: Plantan sentenced to 1 year imprisonment (suspended), 2
years probation, and was ordered to place a notice in Cincinnati
newspapers regarding his conviction.
Patrick E. Perrin
87-00187-01-CR-W-9
(W D. Missouri)
Dwight E. Thomas, Jr.
88-00185-01-CR-W-JWO
(WD. Missouri)
88-00185-01-CR-W-5
Facts: Perrin was plant manager for Martha C. Rose Chemical
Company in Holden, Missouri. The company engaged in the business
of transportation and disposal of items such as electrical transformers,
capacitors, and oil containing polychlonnated biphenyls (PCBs).
08/20/87: 10-count indictment charging Perrin with one count of
conspiracy in violation of 18 USC § 371; six counts making false
statements in violation of 18 USC § 1001; and three counts of violating
TSCA, Sees. 15 and 16(b) [15 USC §§ 2614 and 2615(b)].
02/04/88: Perrin pled guilty to one count of conspiracy [18 USC § 371].
07/20/88: Perrin was sentenced to pay a $50 fine, serve 2 years
imprisonment, and pay a $50 special assessment.
Facts: Dwight E. Thomas, Jr was Director of Research and
Development and also supervisor of the laboratory at Martha C Rose
Chemical Company.
09/21/88: A 32-count indictment was filed charging the defendant with
the following: one count of illegal storage of PCB capacitors in
violation of TSCA, Sec. 15(3) and 16(b) [15 USC §§ 2614(3) and 2615(b)],
one count of conspiracy in violation of 18 USC § 371; and 30 counts of
making false statements in violation of 18 USC § 1001.
04/30/90: Defendant Thomas pled guilty to two counts: conspiracy to
defraud EPA violating 18 USC § 371 and making a false statement
violating 18 USC §§ 2 and 1001. Defendant was sentenced to serve 2
years imprisonment on both counts (to be served concurrently) and
ordered to pay a $5,000 fine and a special assessment of $100. All other
charges were dismissed.
65
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket NoJCourt
Facts and Status
W.C. Carolan
James Carolan
Christopher Gosch
Sharon Hayes
Dwight E. Thomas. Jr.
89-00045-01/04
CR-W-JWO
(W.D. Missouri)
Facts: Walter C. Carolan was president of Martha C. Rose Chemical
Company (Rose Chemical), located in Holden, Missouri. James
Carolan was General Manager. Christopher Gosch was founder and
director of Sales and Marketing. Sharon Hayes was office manager.
Dwight Thomas Jr. was lab supervisor and director of Research and
Development Rose Chemical was engaged in the business of transport-
ing and disposing equipment and oil containing polychlorinated
biphenyls (PCBs). The company went out of business in March 1986.
03/14/89: The grand jury filed a 43-count indictment charging the
defendants with the following counts:
W.C. Carolan and Dwight Thomas, Jr. each charged with:
One count of conspiracy in violation of 18 USC § 371
31 counts of making false statements, in violation of 18 USC
91001
one count of improper storage of PCB capacitor cores, in viola-
tion of TSCA, Sees. 15 and 16,15 USC 99 2614 and 2615(b)
10 counts of mail fraud in violation of 18 USC 9 1341
Christopher Gosch and James Carolan each charged with:
one count of conspiracy, in violation of 18 USC 9 371
one count of improper storage of PCB capacitor cores, in
violation of TSCA, Sees. 15 and 16,15 USC 99 2614 and 2615(b)
10 counts of mail fraud in violation of 18 USC 9 1341
Sharon Hayes was charged with one count of conspiracy, in
violation of 18 USC 9 371
07/14/89: Defendants Gosch and Hayes each pled guilty to one count of
conspiracy, in violation of 18 USC 9 371.
10/04/89: Defendant James Carolan pled guilty to one count of
conspiracy, in violation of 18 USC 9 371.
10/26/89: Defendant Walter Carolan pled guilty to one count of
•piracy (18 USC 9 371) and one count of making false statements (18
USC ft 1001).
10/27/89: Defendant Dwight Thomas, Jr. pled guilty to one count of
conspiracy (18 USC 9 371) and one count making false statements (18
USC 9 1001).
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHANGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket NoVCourt
Facts and Status
WC. Carolan, et al.
(cont from previous page;
02/13/90: Defendant Sharon Hayes was sentenced after entering a
guilty plea to one count of conspiracy to defraud the Agency, a violation
of 18 USC § 371 Hayes was sentenced to pay a fine of 3200, to serve 3
years probation, and pay $50 special assessment to the Crime Victim's
Fund.
02/21/90: Defendant Christopher Gosch was sentenced to serve 2 years
imprisonment (all but 3 months suspended, which is to be served m a
work release program), followed by 3 years probation, and ordered to
pay a $50 special assessment to the Crime Victim's Fund.
04/03/90: Defendant Walter Carolan was sentenced to serve 2 years on
count one and 2 years on count 31 (to be served concurrently) and fined
$10,000 and a special assessment of $50 on each count. All other charges
were dismissed.
04/12/90: Defendant James Carolan was sentenced to 3 years probation,
a fine of $500, and a special assessment of $50. All other charges were
dismissed.
Samar Chatterjee
CR-87-656
(N D. Illinois)
Facts: Chatterjee is a consultant on environmental matters He
submitted testing data relative to sanitary sewer connections, flow
gauging, manhole inspections, and sewer survey reports to EPA and the
Metropolitan Sanitary District of Greater Chicago. He was paid over
$200,000 from EPA Step 1 grant funds.
08/31/87: Chatterjee was arrested before he could leave the country and
charged in a 32-count indictment with one count conspiracy to violate
the Clean Water Act [18 USC § 371]; 11 counts of submitting false Clean
Water Act documents [18 USC § 1001]; and 20 counts of mail fraud
involving Clean Water Act [18 USC § 1341]. Chatterjee was
incarcerated on $1,400,000 cash bond with no 10% alternative.
10/07/88: Chatterjee pled guilty to three counts of mail fraud, m
violation of 18 USC § 1341.
02/06/89: Samar Chatterjee was sentenced to pay $220,000 in restitution
$110,000 to EPA, and $110,000 to the South Stickney Sanitation District,
and to serve 4 years impnsonment and 5 years probation.
67
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket NoJCourt
Facts and Status
Bay tank (Houston), Ines
Odfjell Westfal - Larsen (USA), Inc.
Haavar Nordberg
Roy Johnsen
R. C. Tercic, (aka Milko Tercie)
Larry Pipkin, Jr.
Donald Gore
Theodor Vasset
Idar Remman
Tor Johansen
Helge Grotle
Hilmar Skar
Terje Nikoe
Magne Roedland
Bjoern Landoey
Vermund Gravdal
Bjorn Wikum
Kjell Eriksen
Harald Jensen
Johan Scale
Ulf Aune
CR-H-87-220
(S.D. Texas)
Facts: Odfjell Westfal-Larsen (USA), Inc. [OWL (USA), Inc.] is a
Norwegian company incorporated in Delaware. Baytank (Houston),
Inc. is a subsidiary of OWL (USA), Inc. Baytank is a chemical storage
and transfer marine terminal which transfers liquids to and from
storage tanks via rail, truck, barge, and ship and generates process
wastes from tank and line cleaning, washdown of spills, and rainfall
in the transfer areas. Hazardous wastewater was collected in two
storage tanks and allegedly disposed of at sea through chemical tanker
ships of the Odfjell Westfal-Larsen line.
Haavar Nordberg was executive vice president of OWL (USA), Inc.;
Roy Johnsen was operations manager for Baytank; Larry Pipkin, Jr.
was traffic manager for Baytank; Donald Gore was a Baytank
employee responsible for environmental matters; R. C. Tercic (aka
Milko Tercic) was responsible for construction of the Baytank facility
in Seabrook, Texas; and the remaining 14 defendants were ship
masters and chief officers. Baytank (Houston), Inc. is located on the
Bayport Turning Basin in Harris County, Houston, Texas. This is the
first criminal case brought under the Ocean Dumping Act
09/03/87: Grand jury in Houston handed down a 37-count indictment
charging 21 defendants with conspiracy [18 USC § 371] and various
violations of the Marine Protection, Research and Sanctuaries Act
(MPRSA - Ocean Dumping Act) [33 USC §§ 1411(aXD and 1415(b)] by
knowingly transporting material and causing material to be
transported from the U.S. on a ship for the purpose of dumping said
material into ocean waters without a permit, violating the Federal
Water Pollution Control Act (FWPCA - CWA) [33 USC § 1319(c)] by
willfully and negligently discharging pollutants into navigable water
of the U.S. without a permit Violating RCRA, Sec. 3008(d)(2)(A) [42
USC § 6928(d)(2)(A)] by treatment, storage, and disposal of hazardous
wastes at an unpermitted facility; violating RCRA, Sec. 3008(d)(3) [42
USC § 6928(d)(3)] by making false statements; violating RCRA, Sec.
3008(d)(5) [42 USC § 6928(4X5)] by knowingly transporting or causing
hazardous wastes to be transported without a manifest or shipping
papers; violating RCRA, See. 3008(e) [42 USC § 6928(e)] by knowingly
placing people in imminent danger of death or serious bodily injury;
and violating CERCLA, Sec. 103(b) [42 USC § 9603(b)] by failing to notify
of release of hazardous substance.
10/07/87: Defendant Vermund Gravdal was arrested.
11/18/87: Defendant Johan Saele was arrested.
01/29/88: Defendant Aune was arrested.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Baytank (Houston), Inc., et al.
(cont. from previous page)
02/16/88: Defendants Vasset, Johansen, Grotle, Skar, Nikoe, Roedland,
Wikum, Enksen, and Jensen were arrested.
03/10/88: Defendant Landoey was arrested.
11/18/88: After a jury trial in federal district court; all charges were
dismissed except for the following convictions:
Baytank (Houston), Inc., Haavar Nordberg, and Roy Job risen were
each found guilty of •
Six counts of negligent discharge of pollutants into navigable
water of the U.S. without an NPDES permit, in violation of the
CWA, Sec 301(a) and 309(c)(l) [33 USC §§ 131KA) and
Two counts of illegal disposal of hazardous waste without a
permit, in violation of RCRA, Sec. 3008(d)(2)(A) [42 USC
§ 6928(d)(2)(A)); and
One count of failure to notify of a release of a hazardous
substance, in violation of CERCLA, Sec.lOS(b) [42 USC
§ 9603(b)J.
Defendant Donald Gore was convicted of four counts of negligent
discharge of pollutants into navigable waters of the U S , in
violation of the CWA, Sees. 301(c) [33 USC § 1311(c)].
01/23/89: Baytank (Houston), Inc. was sentenced for their conviction on
two RCRA counts to pay a fine of $50,000, 5 years probation, and ordered
to submit a proposal for community service to be performed during
probation.
02/02/89: Baytank filed a Notice of Appeal from the judgment and
sentence entered on January 23, 1989. Baytank (Houston), Inc. entered
a Notice of Appeal of the sentence filed on January 23, 1989 for two
counts of violating RCRA, Sec. 3008(d)(2)(A) [42 USC §§ 3008 (d)(2)(A)l
04/25/89: A judgment was entered ordering a new trial for Baytank
(Houston), Inc. as to the CWA counts and CERCLA count, which
Baytank was convicted of violating by a jury verdict on November 18,
1988.
06/13/91: 5th Circuit Court affirmed the District Court's grant for new
trial for Nordberg, Johnsen, and Gore.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
Baytank (Houston), Inc., et al.
(cont. from previous page)
03/23/92: Nordberg and Johnsen each pled guilty to two counts CWA
violations - 33 USC 1319(c)(l) and were sentenced to pay a fine of
$40,000. Gore pled guilty to one count CWA violations - 33 USC
1319(c)(l) and was sentenced to pay a fine of $20,000.
Baytank pled guilty to six counts of CWA violations and one CERCLA
count. Baytank was sentenced to pay a fine of $1,000,000 plus special
assessment. This was in addition to the sentenced imposed for RCRA
violations on 01/23/89.
Francis Susan Moose
87-101
(WD. Virginia)
Facts: Moose was Jarrett's Water & Waste Water Service's one
employee other than owner, Jarrett.
09/17/87: Moose appeared before a federal grand jury and confessed to
falsifying Discharge Monitoring Reports (DMRs) provided by Jarrett's
Water and Waste Water Services to its municipal clients. She then
pled guilty to a 10-count information charging her with violating the
Clean Water Act, Sees. 308(a) and 309(c)(l) [33 USC §§ 1318(a) and
1319(c)(l)]. She was sentenced to 1 year probation and a $500 fine on the
information counts, $200 restitution to the Old Dominion Job Corps, and
$250 assessment to the Crime Victim's Fund [18 USC § 3013].
70
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Fiscal Year 1988
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket NoVCourt
Facts and Status
Cuyahoga Wrecking Corporation
Overland Corporation
Samuel Runfola
Virgil Cummings
Ernest R. Martin
HAR-87-0485
(D Md)
Pubhcker Industries, Inc.
HAR-88-0007
(E.D. Pennsylvania)
Facts: Cuyahoga Wrecking Corporation, is headquartered in Great
Neck, New York and is currently in bankruptcy. Overland
Corporation of Philadelphia, Pennsylvania is a wholly owned
subsidiary of Cuyahoga Wrecking Corporation. Samuel Runfola is the
site superintendent and project manager for Cuyahoga Virgil
Cummings, a hauler, is owner and operator of Cummings Development
Company in Salem, West Virginia. Ernest Martin owns and operates
"Ernest Martin's Junkyard" in Oakland, Maryland, where waste
material from the Cuyahoga Overland site in Philadelphia was
transported and stored.
Publicker Industries, Inc. is a publicly held corporation headquartered
in Greenwich, Connecticut. Publicker owned and operated an alcohol
manufacturing plant on the Delaware River in Philadelphia. In 1986,
the site was sold to Overland Corporation, a subsidiary of Cuyahoga.
11/05/87: Publicker Industries, Inc. was charged in the Eastern District
of Pennsylvania by the filing of an information charging the company
with one count of illegal storage of hazardous wastes without a permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]
Publicker pled guilty to the one-count information in the District of
Maryland.
11/05/87: Ernest Martin, Cuyahoga Wrecking Corporation, Overland
Corporation, Samuel Runfola, and Virgil Cummings were each
charged in an indictment filed in the District of Maryland with the
following:
One count of conspiracy [18 USC § 371]
Two counts of knowingly transporting hazardous wastes to an
unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42 USC
§ 6928(d)(l)]
One count of failure to obtain RCRA permits to transport, store, and
dispose of hazardous wastes in violation of RCRA, Sec.
3008(dX2)(A) [42 USC § 6928 (d)(2)(A)].
02/24/88: Publicker Industries, Inc. sentenced to $50,000 fine.
03/14/88: Cuyahoga Wrecking and Overland Corporation, Samuel
Runfola, and Ernest Martin pled guilty to the following counts:
Cuyahoga and Overland: Two counts each and Runfola one count
of knowingly transporting hazardous wastes to an unpermitted
facility in violation of RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)l
71
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Cuyahoga Wrecking Corporation, et al.
(cont from previous page)
Martin: One count failure to obtain RCRA permits to transport,
store, and dispose of hazardous wastes in violation of RCRA, Sec.
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]
Cuyahoga and Overland Corporations were both sentenced
$100,000 fines the same day they entered plea bargains
to
03/21/88: Virgil Cummings, the only defendant that did not enter a
guilty plea, was convicted on every count charged in the indictment
Sentencing will be held at a later date.
04/02/88: Ernest Martin was sentenced to pay a fine of $3,000, perform
100 hours of community service, placed on probation for 3 years, and to
pay $50 to the Crime Victim's Fund.
04/19/88: Samuel Runfola was sentenced to pay a $5,000 fine, 5 years
imprisonment (suspended), 3 years probation, 250 hours community
service, and $100 assessment to the Crime Victim's Fund.
05/12/88: Virgil Cummings was sentenced to pay $4,000 fine, 4 years
imprisonment (all but 6 months suspended), and 4 years probation.
Robert T. Kruse
Lee B. Grubbs
Carol K. Kisamore
A-87-CR-115
(WD Texas)
Facts: Robert Kruse, Lee Grubbs, and Carol Kisamore were employed
by the U.S. Government in the Unicor, Inc. factory at the Bastrop
Federal Prison, Bastrop County, Texas. Kruse was employed as a
plastics worker foreman, Grubbs as the superintendent of industries,
and Kisamore as the business manager. Grubbs was responsible for
arranging the proper disposal of barrels containing hazardous wastes
from the prison. In addition, Grubbs paid Kruse $12,000 to remove 60
barrels of waste.
12/01/87: Each defendant was charged with the following:
One count of making a false claim (18 USC § 287)
One count of conspiracy (18 USC § 371)
One count of mail fraud (18 USC § 1341)
One count of knowingly transporting hazardous waste to an
unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42 USC
§6928(d)(l)]
One count of disposing hazardous waste without a permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]
72
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket NoVCourt
Facts and Status
Robert T. Kruse
(cont. from previous page)
One count of transporting hazardous waste without a required
manifest in violation of RCRA, Sec. 3008(d)(5) [42 USC § 6928(d)(5)]
The indictment alleges that Kruse, acting with knowledge and approval
of defendants Grubbs and Kisamore, created a fictitious company,
"Central Texas Disposal Systems," prepared and signed various forms
using the fictitious company's name, and leased a post office box for the
purposes of receiving a S 12,000 payment from the U.S. Government for
removal of 60 barrels of hazardous waste from the Bastrop Federal
Prison. Additionally, it is alleged that the disposal of the hazardous
wastes was carried out in violation of RCRA.
09/08/88: After a jury trial, a federal district court jury acquitted each
defendant on all counts.
William J. Pandozzi
CR-88-004-P
(D. Rhode Island)
MacDonald & Watson Waste Oil Co.
Narragansett Improvement Co.
Eugene K. D'Allesandro
Vincent Cinquegrano
Fran Slade
Faust Ritarossi
Michael O'Laughlin
CR-88-032-(01-07)-T
(D. Rhode Island)
(Related to above case, Wm. Pandozzi)
Facts: Pandozzi was employed by MacDonald and Watson Waste Oil
Company, as a driver and foreman.
01/12/88: One-count indictment charged defendant Pandozzi with one
count of making a false statement before the grand jury, in violation of
18 USC § 1623.
04/04/88: Trial scheduled to begin.
04/25/88: A federal district court jury handed down a guilty verdict
convicting Pandozzi of making a false statement before the grand jury,
as charged in the indictment.
11/03/88: Pandozzi was sentenced to 1 year imprisonment.
Facts: Two companies, MacDonald & Watson Waste Oil Co and
Narragansett Improvement Co. (hereinafter referred to as MacDonald
& Watson and Narragansett) were engaged in the business of
transportation and disposal of hazardous wastes and substances.
Eugene K. D'Allesandro was the President of MacDonald & Watson.
Cinquegrano, Slade, Ritarossi, and O'Laughlin were employed by
MacDonald & Watson. Narragansett Improvement Co. was in the
business of asphalt paving and located in Providence, Rhode Island.
04/26/88: A 53-count indictment was filed charging the defendants with
the following counts:
Making a false statement in violation of 18 USC § 1001: MacDonald
& Watson, Narragansett, D'Allesandro, Cinquegrano, and Slade
were each charged with 20 counts; Ritarossi • 18 counts, and
O'Laughlin - two counts.
73
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHANGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
MacDonald & Watson Waste Oil Co ,
etal.
(cont. from previous page)
Mail fraud, in violation of 18 USC § 1341: MacDonald & Watson -
17 counts; Narragansett - 10 counts; D'Allesandro - 18 counts;
Cinquegrano - 11 counts; Slade and Ritarossi - five counts each
Federal Racketeer Influenced and Corrupt Organizations Statute,
or RICO, in violation of 18 USC § 1962(c); MacDonald & Watson
and D'Allesandro - one count each
Knowingly transporting hazardous waste to an unpermitted facility
in violation of RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)].
MacDonald & Watson and Narragansett - seven counts each;
D'Allesandro, Cinquegrano, and Slade - six counts each; Ritarossi
- five counts; and 0'Laughlin - one count
Knowing treatment, storage, and disposal of hazardous waste
without a permit in violation of RCRA, Sec. 3008(d)(2)(A) [42 USC
§ 6928(d)(2)(A)]: MacDonald & Watson and Narragansett - five
counts each; D'Allesandro and Cinquegrano - two counts each
Knowing treatment, storage, or disposal of hazardous waste in
violation of a permit, in violation of RCRA, Sec. 3008(d)(2)(B) [42
USC § 6928(d)(2)(B)]: MacDonald & Watson, Narragansett, and
Slade - one count each
Knowing omission and making a false statement on required
documents, in violation of RCRA, Sec. 3008(d)(3) [42 USC
§ 6928(d)(3)]: MacDonald & Watson and Slade - one count each
Failure to report release of reportable quantity of hazardous
substance to the National Response Center in violation of CERCLA,
Sec. 103(b)(3) [42 USC § 9603(b)(3)]: MacDonald & Watson and
Narragansett - one count each
06/29/89: The perjury conviction of William Pandozzi was upheld by
the U.S. Court of Appeals for the First Circuit.
10/04/89: After a 3 1/2-week jury trial, MacDonald and Watson Waste
Oil Co., Eugene D'Allesandro (MacDonald's president), Fran Slade,
and Faust Ritarossi were convicted of two counts each of knowingly
transporting hazardous waste in violation of RCRA, Sec. 3008(d)(l) [42
USC § 6928(d)(l)].
MacDonald and Watson Waste Oil Co. was also convicted of one
count of knowingly treating, storing, or disposing of hazardous
waste, in violation of RCRA, Sec. 3008(d)(2)(A) [42 USC
§ 6928(d)(2)(A)], 10 counts of false statements, in violation of 18 USC
1001; three counts of mail fraud, in violation of 18 USC 1341; and one
count of unpermitted release of a hazardous waste, in violation of
CERCLA, Sec. 103(b)(3) [42 USC § 9603(bX3)].
74
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
MacDonald & Watson Waste Oil Co.,
et al
(cont. from previous page)
The other company, Narragansett Improvement Co , was convicted
on two counts: one count of knowingly treating, storing, or
disposing of hazardous waste, in violation of RCRA, Sec.
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]; and one count of unpermitted
release of one pound or more of hazardous substance, in violation of
CERCLA, Sec. 103(b)(3) [42 USC § 9603(b)(3)].
Defendants Cinquegrano and O'Laughlin were acquitted on all
counts.
10/24/89: MacDonald and Watson Waste Oil Co. entered an additional
guilty plea to one count of mail fraud, in violation of 18 USC § 1341 (in
addition to being convicted on three counts of mail fraud during the
trial).
12/22/89: MacDonald and Watson was sentenced to pay $175,000 in
fines ($25,000 suspended upon payment of $25,000 in restitution to the
State of Rhode Island Environmental Response Fund), ordered to pay
$10,052.22 in restitution to the City of Warwick, Rhode Island, ordered to
pay $3,900 in special assessments, and placed on probation for 2 years.
MacDonald and Watson Waste Oil Co. voluntarily surrendered its
hazardous waste license back to the state of Rhode Island.
Narragansett Improvement Co. was sentenced to pay $50,000 in fines,
and $300 in special assessments.
Eugene D'Allesandro was sentenced to pay $50,000 in fines ($25,000
suspended), ordered to serve 3 years imprisonment (1 1/2 years
suspended), pay $100 special assessment, and $25,000 in restitution to the
State of Rhode Island Environmental Response Fund as a condition of
serving 3 years probation.
Faust Ritarossi was sentenced to serve 1 year imprisonment (all
suspended), ordered to pay a $20,000 fine ($10,000 suspended), ordered to
pay $10,000 in restitution to the State of Rhode Island's Environmental
Response Fund as a condition of 3 years probation, ordered to pay $100
special assessment, and serve 150 hours of community service.
01/26/90: Defendant Fran Slade was sentenced to pay a $10,000 fine,
ordered to serve 1 year imprisonment (all but 1 month suspended), and
placed on probation for 1 year. Defendant Slade was the first female
imprisoned for an environmental crime.
02/21/90: Case is being appealed.
75
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
MacDonald & Watson Waste Oil Co.,
et al.
90-1051 thru 1054
90-1212
(cont. from previous page)
05/10/91: U.S. Court of Appeals for the First Circuit published its
decision on this case. The court affirmed the convictions of Ritarossi,
Slade, and MacDonald & Watson. The convictions of D'Allesandro
and Narragansett Improvement Company were vacated and
remanded.
Argent Chemical Laboratories, Inc.
Eliot Laurence Lieberman
Beatriz Faith Shanahan
CR-88-023
(W.D. Washington)
Facts: Argent Chemical Laboratories, Inc. headquartered in Redmond,
Washington was engaged in the business of manufacturing, selling
and distributing pesticides, veterinary drugs, other industrial organic
and inorganic chemicals, and other products for use by commercial
fish farms and the aquaculture industry. Eliot L. Lieberman is the
corporate president and treasurer. Beatriz F. Shanahan is the corporate
secretary.
01/13/88: An information was filed charging the defendants as follows:
Argent with two counts, Lieberman with three counts, and
Shanahan with one count of knowingly selling an unregistered
pesticide in violation of FIFRA, Sees. 12(a)(l)(A) and 14(b)(l) and
(4) [7 USC §§ 136j(a)(l)(A) and 1361(b)(l) and (4)]
Argent was also charged with making false statements for each
FIFRA count, in violation of 18 USC § 1001
Argent and Lieberman with two counts and Shanahan with one
count of selling unapproved drugs and thereby introducing
misbranded drugs into interstate commerce in violation of the
Federal Food, Drug and Cosmetic Act [21 USC §§ 331(a) and 333(a)]
01/14/88: The corporation, Lieberman, and Shanahan entered guilty
pleas to all charges brought under FIFRA and the Federal Food, Drug
and Cosmetic Act. The corporation also pled guilty to two counts of
making false statements.
03/31/88: Argent Chemical Labs, Inc. was sentenced to pay a fine of
$70,000, Lieberman a fine of $20,000, and Shanahan a fine of $10,000.
Both individual defendants, Lieberman and Shanahan, ordered to pay
$50 mandatory assessment per count to the Crime Victim's Fund.
Argent, Lieberman, and Shanahan were each placed on 5 years
probation. Lieberman was sentenced to 1 year imprisonment (10
months suspended).
76
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
DefendantsVDocket No./Court
Facts and Status
DAR Construction, Inc.
Maurice Dieyette
88-CR-65
(S.D. New York)
Facts- DAR Construction, Inc. operates as an asbestos renovation and
removal business located in Staten Island, New York. Maurice
Dieyette (aka "Cuda") was foreman and primary site supervisor of an
asbestos renovation and removal operation at a New York City
Department of Sanitation garage called Bronx West 7 Garage.
01/28/88: Eight-count indictment filed charging both the corporation
and Dieyette with the following:
Five counts each for asbestos emissions and disposal and
inadequate work practices all violating Clean Air Act, Sees.
112(c)(l)(B) and (e), and 113 (c)(l)(C) [42 USC §§ 7412(c)(l)(B) and
(e), and 7413(c)(l)(O]
One count each for failure to report the release of a hazardous
substance in violation of C ERG LA, Sec. 103 [42 USC § 9603]
Dieyette was also charged with two counts of obstructing justice by
attempting to persuade a grand jury witness to provide false
testimony before the grand jury, in violation of 18 USC § 1503.
12/05/88: The corporation entered a guilty plea to three counts of
violating the Clean Air Act, Sees. 112(c)(l)(B) and (e), and 113(c)(l)(C)
[42 USC § 7412(c)(l)(B) and (e), and 7413(c)(l)(C)].
12/22/88: Defendant Maurice Dieyette was convicted by a jury of three
counts of violating the Clean Air Act.
04/07/89- Defendant Dieyette was sentenced to serve 90 days imprison-
ment and 3 years probation. The corporation was ordered to pay a fine
of $50,000 and assessed $600 for the Crime Victim's Fund.
09/14/89: The U.S. Court of Appeals for the Second Circuit affirmed the
conviction of Maurice Dieyette.
Ocean Spray Cranberries, Inc.
87-129MC
(D. Massachusetts)
Facts: The company's plant in Middleborough, MA, on the Nemasket
River, manufactures fruit juices and cranberry sauces
Middleborough, MA claims to be "the cranberry capital of the world."
01/28/88: A 78-count indictment was filed charging the corporation with
illegally discharging inadequately treated industrial wastewater and
other pollutants into Middleborough's POTW and also into the
Nemasket River and its wetlands. The corporation was charged with
the following:
77
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No /Court
Facts and Status
Ocean Spray Cranberries, Inc.
(cont. from previous page)
65 counts of willfully and negligently discharging inadequately
treated wastewater into a POTW in violations of NPDES pursuant to
Clean Water Act, Sees. 301(a), 307, and 309(c)(l) [33 USC §§ 1311(a),
1317, and 1319(cXl)l
Six counts of knowingly discharging wastewaters and pollutants
into a POTW, in violation of pretreatment standards for acidity
pursuant to Clean Water Act, Sees. 301(a), 307 and 309(c)(2) [33 USC
§§ 1311(a), 1317, and 1319(cX2)]
Five counts of willful and negligent discharge of wastewater and
pollutants directly into the Nemasket River and its adjoining
wetlands without an NPDES permit, in violation of Clean Water
Act, Sees. 301(a), and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)(D]
Two counts of negligently discharging pollutants into the
Nemasket River and its adjoining wetlands without an NPDES
permit, in violation of CWA, Sees., 301(a) and 309(c)(l) [33 USC
§§ 1311(a)and
04/18/88: The corporation was charged in a superseding indictment,
which lowered the above counts to 60, five, five, and two (respectively)
12/20/88: Ocean Spray pled guilty to 20 counts of willfully and
negligently discharging inadequately treated wastewater into a
POTW, and one count of negligently discharging wastewater into the
Nemasket River, as charged in the superseding indictment. On the
same day, the corporation was fined $400,000 and also agreed to
purchase and install a sludge press for the Town of Middleborough
STF.
Welco Plating, Inc.
J. C. Collins, Jr.
CR-88-H-0019NE
(N.D. Alabama)
Facts: J. C. Collins, Jr. is president, stockholder, and in charge of
operations at Welco Plating, Inc., a metal coating and plating
corporation doing business m Woodville, AL. Welco's industrial
processes generated electroplating waste materials including cyanide,
cadmium, chromium, and other metals. EPA collected and analyzed
samples to assist this FBI investigation.
01/29/88: A 30-count indictment was Tiled charging both the corporation
and J.C. Collins, Jr. with the following:
78
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Welco Plating, Inc.
(cont. from previous page)
One count of conspiracy [18 USC § 371]; two counts of willfully and
knowingly discharging pollutants from a point source into Cobb
Creek without a permit in violation of Clean Water Act, Sees 301(a)
and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)(l)]; five counts of
transportation of hazardous waste to an unpermitted facility, in
violation of RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)l. seven
counts of disposing hazardous waste without a permit, in violation of
RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]; nine counts of
transportation of hazardous waste without a required manifest, in
violation of RCRA, Sec. 3008(d)(5) [42 USC §6928(d)(5)], and six
counts of failure to report release of hazardous substances in
violation of CERCLA, Sec. 103(b)(3) [42 USC § 9603(b)(3)]
04/05/88: The corporation and J.C. Collins pled guilty to one count of
violating each different statute charged in the indictment.
04/27/88: The corporation was sentenced to 5 years probation, and liable
for cleanup costs estimated at $1,300,000. Collins was sentenced to pay a
$200,000 fine, serve 18 months imprisonment, 5 years probation, 300
hours community service, pay $14,472.20 restitution to the State of
Alabama Department of Environmental Management, and pay an
assessment of $300 to the Crime Victim's Fund.
David Can-
88-CR-36
(N.D. New York)
Facts: Carr is a civilian range maintenance foreman at Ft. Drum
Army Post in Watertown, NY. An estimated 300 5-gallon containers of
waste paints and solvents, used to paint targets, were found dumped in
or near a lagoon on the firing range of the Post
03/02/88: A 43-count indictment charged Carr with 37 counts of
negligent discharge of pollutants, in violation of Clean Water Act,
Sees. 301(a) and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)(Dl, four counts
of disposal of hazardous waste without a permit, in violation of RCRA,
Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)], and two counts of failure to
report release of hazardous waste, in violation of CERCLA, Sec 103(a)
and (b) [42 USC § 9603(a) and (b)].
10/13/88: A federal district court jury acquitted Carr on 37 counts of
violating the Clean Water Act and four counts of violating RCRA, but
found the defendant guilty of two counts of violating CERCLA, Sees
103(a) and (b) [42 USC §§ 9603(a) and (b)].
12/31/88: David Carr was sentenced to pay a $150 fine and serve 2 years
probation.
07/25/89: The U.S. Court of Appeals for the Second Circuit affirmed the
conviction of David Carr.
79
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Eason & Smith Enterprises, Inc.
CR-88-59-P
(W.D. Oklahoma)
Facts: Eason & Smith Enterprises is a corporation doing business m
Del City, Oklahoma. The corporation negotiated with officials from
Hollman Air Force Base to transport drummed hazardous wastes,
which were transported, mixed, and stored.
03/17/88: One-count information filed charging the corporation with
knowingly transporting and storing hazardous waste without having
obtained interim status or a permit, in violation of RCRA, Sec.
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)].
The corporate president, Carroll Smith, signed a Petition to Enter
Plea of Guilty to one count charged in the information filed the same
day.
05/15/88: The corporation was sentenced to pay a $15,000 fine.
Shenango, Inc.
CR-88-58
Nicholas S. Buchko
CR-88-57
(W.D. Pennsylvania)
Facts: Shenango, Inc. owns and operates a facility on Neville Island,
Pittsburgh, Pennsylvania that produces coke and pig iron using a blast
furnace, coke ovens, and other ancillary equipment. Shenango's
industrial processes discharge wastewater into the Ohio River. Buchko
is employed by Shenango as an environmental engineer.
03/23/88: Separate informations filed charging Shenango, Inc. with six
counts of negligently and wilfully discharging pollutants into
navigable water of the U S., in violation of its NPDES permits and
Clean Water Act, Sees. 30Ha) and 309(c)(l) [33 USC § 1311(a) and
1319(c)(l)]; and Buchko with one count of knowingly submitting false
information in a Discharge Monitoring Report (DMR) submitted to the
Commonwealth of Pennsylvania, in violation of Clean Water Act, Sec.
309(cX2) [33 USC § 1319(c)(2)].
06/13/88: The corporation pled guilty to all counts charged and was
sentenced to pay a $100,000 fine and $100 assessment. Defendant
Buchko pled guilty to the count as charged and was sentenced to pay a
$10,000 fine and a $25 special assessment.
Ronald C. Shawl
88-7029-M
(N.D. Ohio)
Facts: Shawl is plant manager of Chemical Waste Management, Ohio
Liquid Disposal located in Vickery, Ohio.
03/31/88: One-count information filed charging Shawl with knowing
failure to maintain or submit reports regarding disposal of PCBs, in
violation of TSCA, Sees. 15(3) and 16(b) [15 USC §§ 2614(3) and 2615(b)|
11/22/88: The count charged against Shawl was dismissed by U S
Magistrate James Carr.
80
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(sVDocket No./Court
Facts and Status
Orkin Exterminating Company, Inc.
88-00040
(W.D. Virginia)
Facts: Two Orkin Exterminating Company employees pled guilty in
state court in 1987 to misuse of Vikane resulting in the deaths of a couple
whose house in Galax, Virginia was fumigated. The state referred the
case against Orkin to the U S. Attorney's Office.
04/21/88: A five-count indictment charged Orkin with failure to follow
Vikane labeling requirements, in violation of FIFRA, Sees. 12(a)(2)(G)
and 14 (b)(2) [7 USC §§ 136j(a)(2)(G) and 1361(b)(2)].
08/08/88: The company agreed to submit the matter before the judge in
lieu of a jury trial. The company was found guilty of one count of
FIFRA, Sec. 12 (a)(2)(G) [7 USC § 136j(a)(2)(G)].
11/17/88: The company was sentenced under the old 18 USC §3623
(Alternative Fines Act) and the fine was increased because the judge
found that the violation resulted in deaths. The company was fined
$500,000 ($150,000 suspended), sentenced to 2 years probation, and
ordered to perform 2,000 hours of community service. Sentence stayed
pending appeal.
01719/89: Appeal dismissed by 4th Circuit per Orkin's request.
Salvadore Apodaca
CR88-324-VST
(C.D. California)
Facts: Apodaca is the owner and operator of Apodaca and Sons Plating
Co., an electroplating facility located in El Monte, California.
04/25/88: Apodaca pled guilty to a 10-count information filed on the
same day. The information charged him with the willful operation of a
point source in violation of a pretreatment standard of CWA, Sees.
307(d) and 309(c)(l) [33 USC §§ 1317(d) and 1319(c)(l)]. The company
was engaged in the practice of discharging wastewater from its plant
into the Los Angeles County sanitary sewer system. This practice was
in violation of EPA categorical pretreatment standards for cyanide,
zinc, and other heavy metals.
10/03/88: Apodaca was sentenced to pay a $50,000 fine, 5 years probation,
and 500 hours of community service.
Spartan Trading Co., Inc.
John H. Biddle
John H. McDonald
Johnny M. Clark
CR-88-007-R
(N.D. Georgia)
Facts: Spartan Trading Co., Inc. is a Georgia corporation engaged in
the business of warehousing and brokering chemicals. The business is
located in Dalton, Georgia. John Biddle was president and owner of
Spartan Trading Co. John H. McDonald was the owner of "McDonald
Farm," also located in Dalton. Johnny Clark was an employee of
Spartan Trading Co. Chemical wastes were transported from Spartan
Trading Co. warehouse and stored and disposed at the McDonald farm.
81
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Spartan Trading Co., Inc.
(cont. from previous page)
Don A. Scruggs, Jr.
CR-1-88-52
(E.D. Tennessee)
04/27/88:
follows:
The defendants are charged in a four-count indictment as
Conspiracy in violation of 18 USC § 371:
Biddle, and Clark - one count each
Spartan Trading Co ,
Knowingly transporting hazardous wastes to an unpermitted
facility, in violation of RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)|.
Spartan Trading Co., Biddle, and Clark - one count each
Knowingly storing and disposing hazardous wastes without having
obtained a permit, in violation of RCRA, Sec. 3008(d)(2)(A) [42 USC
§ 6928(d)(2)(A)]: Spartan Trading Co., Biddle, and Clark - one
count each; McDonald - two counts
Facts: Scruggs was charged in the Eastern District of Tennessee in
connection with the transportation and disposal of hazardous waste in
both Tennessee and Georgia. The information was filed as a result of
additional information gained from the prosecution of the Spartan
Trading Co. case.
05/11/88: Two-count Information was filed and Scruggs pled guilty to
both counts charging him with knowingly disposing hazardous wastes
without having obtained a permit, in violation of RCRA, Sec
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)].
05/31/88: Defendant Clark pled guilty to two counts charged in the
indictment filed on 04/27/88; one count conspiracy [18 USC § 3711 and
one count of violating RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928
(d)(2)(A)]. One count of the indictment was dismissed by the
government [42 USC § 6928(d)(D] for defendant Clark only.
Clark also pled guilty to one count information filed on the same
day. The information charged disposal of RCRA-listed laboratory
waste in violation of RCRA, Sec. 3008(d)(2)(A) [42 USC
§ 6928(d)(2)(A)].
Defendant John McDonald pled guilty to one count of knowing
unpermitted disposal of wastes into a dry well on McDonald farm,
in violation of RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)j
07/15/88: Defendant Clark was sentenced to 3 years imprisonment (all
suspended) and 3 years probation.
08/18/88: Spartan Trading Co. and John Biddle were convicted of three
counts which were charged in the indictment (04/27/88).
82
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION-
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No /Court
Facts and Status
Don A. Scruggs, Jr.
(cont. from previous page)
08/26/88: Defendant John McDonald was sentenced to pay a $1,000 fine.
3 years imprisonment (suspended), 3 years probation, and a $50 special
assessment.
08/30/88: Defendant Donald Scruggs, Jr. was sentenced to 90 days
imprisonment, 2 years probation, a $50 assessment, ordered to pay
restitution of $13,926.18 to the state of Tennessee and EPA, and to pay
restitution of $1,105 to the TVA.
09/30/88: Spartan Trading Company was sentenced to pay a $10,000
fine, $600 special assessment, and pay restitution to EPA for the cost of
cleanup of the site in the amount of $138,265.36.
Defendant John Biddle was sentenced to 5 years imprisonment (all but 1
year suspended), 3 years probation, $150 assessment, and $500/mo
restitution to EPA for any cost over the estimated cleanup cost to be paid
by Spartan Trading Co.
Taylor Laboratories, Inc.
John H. Taylor, Jr.
CR 1-89-57 and
CR89-18R
(E.D. Tennessee)
CR89-006-R
(N D. Georgia)
Facts: Related to Spartan Trading Co., Inc., et al. cases.
Taylor Laboratories, Inc. stored reagent chemicals (both RCRA listed
and characteristic wastes) in a warehouse in Chattanooga. The wastes
were found near Chickamauga Lake in Tennessee and in Whitfield
County, Georgia.
05/10/89: Subsequently the corporation and John Taylor, Jr. were each
charged by an indictment filed in the Northern Distnct of Georgia with
the following counts:
Three counts of violating RCRA, Sec. 3008(d)(l) [42 USC
§6928(d)(l)]
Two counts of violating RCRA, Sec. 3008(d)(2) [42 USC § 6928(d)(2)]
Three counts of violating RCRA, Sec. 3008(d)(5) [42 USC
§ 6928(d)(5)l
One count of conspiracy in violation of 18 USC § 371
07/05/89: An information was filed in the Eastern District of Tennessee
charging the corporation and Taylor with one count of knowingly
transporting hazardous waste to an unpermitted facility, in violation of
RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(D], and one count of knowingly
transporting hazardous waste without a manifest, in violation of RCRA,
Sec. 3008(d)(5) [42 USC § 6928(dX5)].
83
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Taylor Laboratories, Inc.
(cont. from previous page)
08/14/89: Both defendants, the corporation and Taylor, entered guilty
pleas. Under terms of the plea agreement, Taylor and the corporation
waived indictment in Tennessee and agreed to be charged in the
Northern District of Georgia. Taylor and the corporation have both
agreed to pay $13,926.18 restitution to the Tennessee Department of
Health and Environment, and $1,105 to the TV A.
10/24/89: John Taylor, Jr. and his company (Taylor Labs) were
sentenced following their guilty pleas entered on August 14, 1989 in the
Northern District Court of Georgia. The charges filed against the
defendants in the Eastern District of Tennessee and the Northern
District of Georgia were consolidated into the action in the Northern
District of Georgia by a Rule 20 removal.
The corporation was ordered to pay a $15,000 fine and to pay $15,031 18
restitution (jointly with John Taylor, Jr.).
John Taylor, Jr. was sentenced to serve a total of 5 years and 5 days
imprisonment (all suspended); to pay a fine of $2,500; to serve 3 years
probation; and to pay $36,000 in restitution to Superfund (in addition to
the joint restitution with Taylor Labs). Additionally, John Taylor, Jr
was sentenced to 4 years imprisonment (all suspended), and pay a $100
fine for the two counts in the Eastern District of Tennessee.
Pennwalt Corporation, Inc.
Robert S. Custer
Franklin M. Shanahan
Edward R. Golinski
Orval J. High
CR-88-55T
(W.D. Washington)
Facts: Pennwalt Corporation, Inc. (hereafter Pennwalt) is a
corporation incorporated in the Commonwealth of Pennsylvania and
headquartered in Philadelphia, Pennsylvania. Pennwalt is engaged
in the business of manufacturing chemical solutions. Custer was
former corporate vice president, Shanahan was president of the
Inorganic Chemical Division, Golinski was manager of the Inorganic
Chemical Division, and High was manager of the Pennwalt Tacoma
Plant. On January 2, 1985, a tank ruptured at the Pennwalt, Tacoma
plant. The tank contained sodium chlorate solution, a bleaching agent
used in the pulp and paper industry. The plant adjoins the Hylebos
Waterway, a waterway leading into Commencement Bay and then into
Puget Sound.
05/20/88: A six-count indictment was returned against the corporation
and four corporate officers charging each defendant with the following'
Making a false statement to U.S. Coast Guard in violation of 18 USC
§ 1001: the corporation, and High - one count each;
84
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Pennwalt Corporation, Inc.
(cont from previous page)
Negligent discharge of pollutants from a point source into a
navigable water of the U S without having obtained a permit, in
violation of CWA, Sees. 301(a) and 309(c)(l) [33 USC §§ 131 l(a) and
1319(c)(l)]: the corporation and High - three counts each. Custer,
Shanahan, and Golinski - one count each;
Negligent discharge of pollutants into navigable water of the U S
due to certain valves being left open after the tank ruptured and
causing sodium chlorate solution to enter a nearby drain system,
which drains directly into the Hylebos Waterway, in violation of
CWA, Sees. 301(a) and 309(c)(l)(A) [33 USC §§ 131 l(a) and
1319(c)(l)(A)]: the corporation and High - one count each
Failure to notify of the release of a hazardous substance into the
environment, in violation of CERCLA Sec. 103(b)(3) [42 USC
§ 9603(b)(3)]: the corporation and High - one count each
05/02/89: The corporation entered a guilty plea to four counts of
violating the CWA, and one count of violating CERCLA. The
corporation also agreed to pay a $500,000 fine and to fund an
environmental trust fund for the U.S. Coast Guard in the amount of
$600,000.
05/30/89: Defendant High entered a guilty plea to two counts charged by
an information of violating the CWA, Sec. 309(c)(l) [33 USC
§ 1319(c)(l)] and one count of violating CERCLA, Sec. 103(b)(3) [42 USC
§ 9603(b)(3)]. High was sentenced to pay a $5,000 fine and serve 2 years
probation.
Central Valley Water Reclamation
Facility Board
88-CR-085W
(C.D. Utah)
Facts: Central Valley Water Reclamation Facility Board (hereafter
CVWRFB), operates and is located in Salt Lake City, Utah. The
defendant was also named in a civil action for CWA violations.
05/26/88: Two-count information was filed charging CVWRFB with
making false statements on Discharge Monitoring Reports (DMRs)
and failing to certify on a DMR that the Cottonwood WTP had an
unauthorized bypass of wastewater, in violation of CWA, Sec. 309(c)(2)
[33 USC § 1319(c)(2)].
On the same day, CVWRFB pled guilty to both counts and was sentenced
to pay a $1,000 fine and a $100 assessment to the Crime Victim's Fund.
Chem-Wood Treatment Co., Inc.
Erie Kitagawa
88-00864
(D. Hawaii)
Facts: Chem-Wood Treatment Company, Inc., is a Hawaii corporation
located in Ewa Beach, Hawaii. The company is engaged in the
business of preservative treatment of wood. Kitagawa was vice
president and general manager of the company.
86
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket NoVCourt
Facts and Status
Chem-Wood Treatment Co., Inc.
(cont. from previous page)
06/02/88: One-count indictment filed charging the company and
Kitagawa with one count each of knowingly storing hazardous wastes
(a pesticide-copper chromium arsenate), without having obtained
interim status or a permit in violation of RCRA, Sec. 3008(d)(2)(A) [42
USC § 6928 (d)(2)(A)].
06/13/88: The company and Kitagawa pled guilty to one count each.
07/25/88: The company was sentenced to pay a $25,000 fine. Kitagawa
was sentenced to pay a $5,000 fine (suspended), 2 years imprisonment
(suspended), 3 years probation, and 100 hours of community service.
Cuyahoga Wrecking Company
Leonard Capizzi
Chester F. Reiss, Sr.
James J. Abbajay
Robert S. Torok
88497
(C.D. California)
Joseph A. Grossi
88-580
(C.D. California)
Facts: Cuyahoga Wrecking Company is headquartered in Great Neck,
New York and was engaged in the demolition operation at the Kaiser
Steel Plant in Fontana, California. Capizzi was manager of
demolition operations from March 1983 to January 1985. Reiss, Sr. was
manager of demolition operations from February to June 1985 Torok
was manager of demolition operations from July 1985 to September 1986.
06/14/88: An eight-count indictment charged the company and four
employees with the following:
The company and four defendants were each charged with one count
of conspiracy to defraud the U.S. EPA and demolish buildings and
structures in violation of emission standards for asbestos
(NESHAP) in violation of 18 USC 371.
The company and Abbajay were charged with one count each of
making a false statement in violation of 18 USC § 1001.
Knowingly demolished and caused to demolish a stationary source
and knowingly caused asbestos to be emitted from a stationary
source in violation of NESHAP standards in violation of CAA Sees.
112(c)(D(B) and 113(c)(l)(B) [42 USC §§ 7412(c) and 7413(c)(l)(C)]:
the company - three counts; Torok - two counts; Capizzi, Reiss, and
Abbajay - one count each
Failure to immediately notify the appropriate U.S. Government
agency of the release of a reportable quantity of asbestos in violation
of CERCLA, Sec. 103(b)(3) [42 USC § 9603(bX3)]: the company - three
counts; Abbajay, Capizzi, and Reiss - one count each
08/01/88: Grossi was charged by the filing of an information with one
count of violating the Clean Air Act [42 USC §§ 7412(c)(D(B) and
7413(c)(l)(C)l. On the same day he pled guilty to the same count.
86
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Joseph A. Grossi
(cont. from previous page)
10/11/881 The company and four individual defendants pled guilty to
the following counts:
Each defendant pled guilty to one count of conspiracy, 18 USC § 371
The company also pled guilty to one count of making a false
statement in violation of 18 USC § 1001, two counts of violating the
Clean Air Act [42 USC §§ 7412(c)(l)(B) and 7413 (c)UXC)], and three
counts of violating CERCLA[42 USC § 9603(b)(3)].
Defendants Capizzi, Reiss, and Abbajay each additionally pled
guilty to one count of violating the Clean Air Act [42 USC
§§ 7412(c)(l)(B) and 7413(c)(l)(C)], and one count violating
CERCLA [42 USC § 9603(b)(3)].
Defendant Torok additionally pled guilty to two counts of violating
the Clean Air Act [42 USC § 7412(c)(l)(B) and 7413(c)(l)(C)].
On the same day, the company was sentenced to pay a $250,000 fine.
12/05/88: The remaining defendants were sentenced as follows1
Leonard Capizzi - 18 months imprisonment
Chester Reiss, Sr - 6 months imprisonment
James Abbajay • 2 months imprisonment
Samuel Torok - 6 months imprisonment
12/21/88: Joseph Grossi was sentenced separately to serve 2 years
probation and 250 hours of community service.
Charles Arcangelo
James Arcangelo
Antonio DeLucia
(aka "Uncle Tony")
Frank DeFelice
(aka "Frankie Boy")
Marco DeLucia
(aka "Nutsie")
Dennis Champagne
(aka "Red")
Roger Boisonneault
John Cappella
Robert Veltre
Nicholas Sciarra
Bruce Bieler
N-88-43TFGD
(D. Connecticut)
Facts: Charles Arcangelo and his brother, James Arcangelo, were
owners and operators of five junkyards located in the state of
Connecticut. They also operated Arcangelos Restaurant in New
Haven, Connecticut until the building was substantially destroyed in
an arson fire which occurred in June 1981. In conjunction with the
operation of the junkyards, the Arcangelo brothers also operated four
scrap dealer businesses. The remaining defendants are either owners
or were associated with Chuck and Eddie's Junkyards.
06/23/88: A sealed indictment was filed in the U.S. Federal District
Court (see comment for 06/24/88).
06/24/88: All the individual defendants were arrested and a 15-count
RICO (the Federal Racketeer Influenced and Corrupt Organization
statute) indictment was unsealed in New Haven, Connecticut. The
Arcangelos were charged as follows:
87
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Charles Arcangelo, et al.
(cont. from previous page)
Charles and James Arcangelo were each charged with: two counts
of transportation and harboring of illegal aliens in violation of 18
USC § 1324(a)(l)(B); three counts of mail fraud in violation of 18
USC § 1341; two counts of racketeering in violation of 18 USC
§ 1962(c) and (d); one count of sale or receipt of stolen motor vehicles
in violation of 18 USC § 2313; three counts of interstate
transportation of stolen property in violation of 18 USC § 2314, one
count of disposal of hazardous waste without a permit in violation of
RCRA, Sec. 3008(d)(2) [42 USC § 6928(d)(2)]; and one count of failure
to notify of the release of a hazardous substance (mercury) and
release without a permit, in violation of CERCLA, Sec. 103(b)(3) [42
USC § 9603(b)(3)].
The Arcangelo brothers were the only defendants charged with
violating environmental laws. The other defendants' charges involve
various criminal activities consisting of interstate transportation of
stolen property (motor vehicles), sale or receipt of stolen motor vehicles,
mail fraud, and violations of federal immigration law, or altering VIN
numbers.
01/03/89: Roger Boisonneault entered a guilty plea to one count of
interstate transportation of stolen property, in violation of 18 USC § 2314,
and one count of tampering with a VIN in violation of 18 USC § 511(a)
01/06/89: Bruce Bieler's motion for pretrial diversion was granted.
01/10/89: Charles and James Arcangelo entered guilty pleas to one
count of racketeering, in violation of 18 USC § 1962(c) and (d), and one
count of illegal disposal of hazardous waste, in violation of RCRA, Sec
3008(d)(2) [42 USC § 6928(dX2)];
Antonio DeLucia entered a charge of plea to guilty to one count of
sale or receipt of stolen motor vehicles [18 USC § 2313] and one count
of interstate transportation of stolen property [18 USC § 2314];
Frank DeFelice entered a guilty plea to one count of Racketeer
Influenced and Corrupt Organizations (RICO), in violation of 18
USC § 1962(d);
Marco DeLucia entered a guilty plea to one count of interstate
transportation of stolen property, in violation of 18 USC § 2314; and
Robert Veltre entered a guilty plea to one count of sale or receipt of
stolen motor vehicles, in violation of 18 USC § 2313.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket NoVCourt
Facts and Status
Charles Arcangelo, et al.
(cont. from previous page)
01/17/89: Dennis Champagne entered a guilty plea to one count of
interstate transportation of stolen property, in violation of 18 USC § 2314,
John Cappella entered a guilty plea to one count of sale or receipt of
stolen motor vehicles, in violation of 18 USC § 2313.
03/08/89: Robert Veltre was sentenced to 5 years imprisonment (all but 6
months suspended), placed on probation for 5 years, and ordered to pay a
$10,000 fine and a $50 special assessment.
03/10/89: Marco DeLucia was sentenced to 4 years imprisonment
(suspended), placed on 4 years probation, ordered to pay a $2,000 fine
and a $100 special assessment; and
Antonio De Lucia was sentenced to serve 3 years on two counts (to be
served consecutively and 3 years suspended), placed on probation
for 4 years, ordered to pay a fine of $5,000, and a $100 special
assessment.
03/15/89: John Cappella was sentenced to 5 years imprisonment
(suspended), placed on 5 years probation, ordered to pay a $25,000 fine
and a $50 special assessment.
03/16/89: Dennis Champagne sentenced to 4 years imprisonment (to be
served consecutively with sentence imposed in another criminal
conviction) and ordered to pay a $50 special assessment.
03/17/89: Frank DeFelice sentenced to 5 years imprisonment and
ordered to pay a $50 special assessment.
04/03/89: Roger Boisonneault sentenced to 3 years probation and
ordered to pay a $100 special assessment.
04/05/89: Nicholas Sciarra entered a guilty plea to one count of
interstate transportation of stolen property, in violation of 18 USC § 2314
04/13/89: Charles Arcangelo was sentenced to serve 12 years
imprisonment (suspended), placed on 5 years probation, pay a $200,000
fine ($50,000 to the victims, $23,429.07 to the State of Connecticut Dept. of
Environmental Protection, and the remainder to the Lexington
Insurance Co. of Boston), ordered to forfeit $300,000 worth of computer
equipment, and ordered to pay a special assessment of $100.
04/14/89: James Arcangelo was sentenced to 7 years imprisonment
(suspended), placed on 5 years probation, shares joint and several
liability for restitution and forfeiture imposed in sentence of his
brother, Charles, and ordered to pay a special assessment of $100
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UNITED STATES ENVIRONMENTAL PROTECTION' AGENCY
CRIMINAL INVESTIGATION DIVISION-
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Pacts and Status
Charles Arcangelo, et al.
(cont. from previous page)
05/31/89: Nicholas Sciarra was sentenced to serve 2 years
imprisonment (suspended), placed on 4 years probation, and ordered to
pay a $50 special assessment.
William Dee
Robert Lentz
Carl Gepp
HAR-88-0211
(D Maryland)
Facts: Dee, Lentz, and Gepp are chemical engineers, who hold top
management positions at the Chemical Research Development and
Engineering Center (CRDEC). The CRDEC was the primary tenant
and main activity at the Edgewood area of Aberdeen Proving Grounds,
a Test and Evaluation Command installation within the U S Army
Material Command, located in Baltimore and Hartford Counties,
Maryland.
06/28/88: A five-count indictment was filed charging the three
defendants as follows:
One count each for negligent discharge of pollutants, namely
hydro-sulfuric acid, from a point source into Canal Creek, a
navigable water of the U.S. without an NPDES permit in violation of
CWA, Sec. 301(a) and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)(l)],
and
Four counts of knowing unpermitted treatment, storage, and
disposal of hazardous wastes in violation of RCRA, Sec
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)J.
11/29/88: A superseding indictment charged the same counts as the
indictment (see above).
02/23/89: A federal district court jury convicted defendant Dee with one
count of violating RCRA and defendants Lentz and Gepp with three
counts each of violating RCRA. The remaining counts were dismissed
05/10/89: The three defendants were each sentenced to 3 years probation
per count (to be served concurrently), and 1,000 hours community
service per count (to be served concurrently) and court costs.
Shelton Erickson
CR-88-60019-01
(W.D. Louisiana)
Facts: Erickson is president, owner, and operator of Erickson
Chemical Company, located in New Iberia, Louisiana. The company's
business involves oil field soaps and degreasers and includes the
manufacturing of corrosive inhibitors, paraffin solvents, scale
inhibitors, etc.
06/29/88: Erickson pled guilty to one count information filed on the
same day charging him with unpermitted treatment, storage, and
disposal of hazardous waste, in violation of RCRA, Sec. 3008(d)(2)(A)
[42 USC § 6928(d)(2XA)].
90
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Shelton Erickson
(cont. from previous page)
08/19/88: Erickson was sentenced to pay a $2,500 fine and placed on 2
years probation.
George Scofield Company, Inc.
CR-88-73-FDB
Robert Squyres
CR-88-74-FDB
(WD. Washington)
Facts: The George Scofield Company operated a ready-mix concrete
plant in Tacoma, Washington. The plant was located alongside the
Tacoma City Waterway, which leads into Commencement Bay and
then into Puget Sound. Robert Squyres was superintendent (prior to
December 1986) and General Manager (after December 1986) of the
Scofield plant. His duties included overseeing the concrete manufac-
turing operations at the Scofield Tacoma plant.
07/05/88: Two separate informations were filed charging both the
company and Squyres each with two counts of negligently discharging
pollutants, consisting of alkaline wastewaters from cleaning concrete
trucks, into a navigable waterway of the United States, without having a
permit and in violation of an existing NPDES permit, all in violation of
the Clean Water Act, Sees. 301(a) and 309(c)(l) [33 USC 1311(a) and
1319(cXl)l.
07/13/88: The company and Squyres pled guilty to two counts charged to
each of them in the informations. The company was sentenced to pay a
$40,000 fine and placed on 3 years probation.
09/22/88: Defendant Squyres was sentenced to pay a $10,000 fine and
placed on 3 years probation.
Ronald Rollins
CR-88-10033
(D. Idaho)
Facts: Ronald Rollins used a restricted-use pesticide (Mobay Furadan
4F) in proximity of a waterfowl nesting area and on fields, where
waterfowl fed in a wetland area of the Snake River.
07/11/88: A two-count information was filed charging the defendant
with one count of illegal use of a registered pesticide, in violation of
FIFRA Secs.l2(a)(2)(G) and 14(b)(2) [7 USC §§ 136j(a)(2)(G) and
136Hb)(2], and one count of unlawfully taking migratory birds
(Canadian Geese) in violation of the Migratory Bird Treaty Act [16 USC
§§703 and 707].
10/17/88: A federal district court jury handed down a verdict, which
dismissed one count of violating FIFRA, and convicted Rollins of one
count of violating the Migratory Bird Treaty Act.
10/28/88: Rollins was sentenced to 1 year imprisonment (all
suspended) and 1 year probation.
91
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Lee S. Woodside
Gary A. Masson
CR-88-362
(D. New Mexico)
Facts: Lee Woodside was vice president of Refining and Marketing for
Plateau, Inc. Gary Masson was manager for Refinery Planning for
Plateau, Inc. Plateau, Inc. was a New Mexico corporation
headquartered in Albuquerque and operated refineries in Bloomfield,
New Mexico and Roosevelt, Utah. Plateau was in the business of
refining and blending petroleum products into gasoline and the retail
sale of gasoline. Plateau, Inc. was administratively assessed a civil
penalty of $130,000 by EPA in June 1988.
07/14/88: A three-count indictment was filed, charging each defendant,
Woodside and Masson, with one count of conspiracy, in violation of 18
USC § 371, and two counts of making false statements in reporting lead
usage in the production of gasoline, in violation of 18 USC § 1001
09/14/88: A three-count superseding information was filed charging
defendant Masson with one count conspiracy [18 USC § 371] and two
counts of making false statements on a report submitted to EPA, "Lead
Additive Report for Refinery," in violation of The Clean Air Act, Sec
113(c)(2) [42 USC § 7413(c)(2)]. On the same day, Masson pled guilty to
all three counts charged in the superseding information.
11/03/88: Masson was sentenced to pay a $3,000 fine.
11/28/88: Defendant Woodside entered a guilty plea to three counts
charged in the superseding information filed on the day the trial was to
begin.
02/10/89: The judge imposed a sentence on defendant Woodside of 5
minutes of unsupervised probation.
Commercial Metals Company, Inc.
(dba Karchmer Iron and Metal Co.)
Harold Belcher
James Vermillion
CR-88-03318-01
(W D. Missouri)
Facts: Karchmer Iron and Metal Company is a subsidiary of Dallas-
based Commercial Metals Company, Inc. The company is in the
business of processing scrap metal. James Vermillion was the
manager at the Karchmer plant. Harold Belcher was the office
manager at the Karchmer plant, located in Springfield, Missouri
07/27/88: A six-count indictment was filed charging the company,
Vermillion, and Belcher with one count each of conspiracy [18 USC
§ 371]; two counts each of knowingly disposing of hazardous waste
without first obtaining a permit, in violation of RCRA, Sec. 3008(d) [42
USC § 6928(d)]; one count each of endangerment, in violation of RCRA,
Sec. 3008(e^ [42 USC § 6928(e)]; the company and Vermillion were also
charged with one count each unlawful discharge of pollutants into a
navigable waterway of the United States without a permit, in violation of
the Clean Water Act, Sec. 301(a) and 309(c)(2) [33 USC §§ 1311 (a) and
92
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Commercial Metals Company, Inc.
(cont. from previous page)
02/17/89: The government dismissed all the CWA counts before the
trial began. A federal district court jury acquitted the company of
conspiracy and three RCRA counts, and acquitted Vermilhon and
Belcher of conspiracy and the RCRA count charging knowing
endangerment, [42 USC § 6928(e)]. The jury was hung and the
government dismissed the RCRA counts against the individuals, who
were charged with two counts of illegal disposal without obtaining a
permit [42 USC § 6928(d)].
Forms, Inc.
88-00292
Phillip F. Trembley
88-00293
(E.D. Pennsylvania)
Facts: Forms, Inc. is a Pennsylvania corporation located in Willow
Grove, Pennsylvania and engaged in the business of manufacturing
and pnnting business forms. Phillip Trembley was a contractor hired
by Forms, Inc. to remove various 55-gallon drums from the Forms, Inc
facility.
07/28/88: Two separate informations were filed charging both Forms,
Inc. and Trembley with one count of knowingly transporting
hazardous waste to an unpermitted facility in violation of RCRA, Sec
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)].
08/02/88: Defendant Trembley pled guilty to one count information
08/05/88: The company pled guilty to one count information and was
sentenced to pay a $50,000 fine.
09/26/88: Defendant Trembley was sentenced to pay $1,500 fine and
placed on 5 years probation.
Gardinier, Inc.
88-238-CR-T-17A
(M.D. Florida)
Facts: Gardinier, Inc. manufactured phosphatic fertilizer solution
(PFS), which contains phosphonc acid and is considered a hazardous
substance. On May 1, 1988, one of the storage tanks, containing PFS,
overflowed and at least 40,000 gallons were discharged into or onto the
shoreline of the Alafia River.
08/03/88: The company pled guilty to one count charged in an
information filed the same day. The information charged the company
with one count of discharging a hazardous substance from an onshore
facility into a navigable waterway and failing to immediately notify
the appropriate agency, in violation of section 1321 of the Federal Water
Pollution Control Act [33 USC § 1321(b)(5)].
10/21/88: Gardinier, Inc. was sentenced to pay a $100,000 fine, serve 1
year probation, and to perform other remedial action, as stated in the
plea agreement.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket NoVCourt
Facts and Status
Chase Interiors, Inc.
Kenneth Kammski
CR-88-119C
(W.D. New York)
Facts: Chase Interiors, Inc. operated an industrial plant located in
Falconer, New York. The company was in the business of constructing
and finishing cabinets and other fixtures used in department stores and
other retail businesses. Kenneth Kaminski was the manager and
direct supervisor of the plant.
08/05/88: A two-count indictment was filed charging the company and
Kaminski with one count each of conspiracy, in violation of 18 USC 371,
and one count each of knowing and unlawful treatment, storage, and
disposal of hazardous waste, in violation of RCRA, Sec. 3008(d)(2)(A)
[42 USC § 6928(d)(2XA)].
01/31/89: Kaminski was charged in a superseding information with
one count of failure to notify of the release of a hazardous substance, in
violation of CERCLA, Sec. 103(b) [42 U.S.C.§ 9603(b)].
02/01/89: The company entered a guilty plea to one count of violating
RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)J. Kaminski pled
guilty to one count of violating CERCLA, Sec.l03(b) [42 USC § 9603(b)]
05/19/89: Kaminski was placed on 2 years probation. The company was
sentenced to pay a fine of $50,000 and placed on 5 years probation.
James B. Hellman
Joel H. Lederman
Barry A. Seldin
William F. Smith, II
88-CR-216
(D. Colorado)
Facts: Denver Asbestos Control Technology, Inc. (hereinafter DACT)
and D.A.C.T. U.S.A., Inc. are Colorado corporations engaged in the
business of asbestos removal from Denver-area public schools
Hellman, Lederman, and Seldin were employees of the asbestos
removal companies. Smith was Hazardous Materials Manager for the
Denver Public Schools.
08/11/88: An 11-count indictment was filed charging four individual
defendants each with the following:
Six counts of bribery, in violation of 18 USC § 666(a)(l)(B) and
(a)(2); two counts of making false statements, in violation of 18 USC
§ 1001; two counts of influencing, in violation of 18 USC § 1014; and
one count of mail fraud, in violation of 18 USC § 1341.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket NoVCourt
Facts and Status
James B Hellman, et al.
(cont. from previous page)
02/10/89: A superseding information was filed against defendant
Lederman and he pled guilty to both counts charged: one count of
making a false statement, in violation of 18 USC § 1003, and one count
of influencing, in violation of 18 USC § 1014.
Defendant Hellman pled guilty to two counts charged in the
indictment: one count of bribery, in violation of 18 USC § 666, and
one count of influencing, in violation of 18 USC § 1014.
03/20/89: Defendant Lederman was placed on 3 years probation on each
count (to run concurrently); sentenced to pay a $1,500 Tine, plus a $50
special assessment to the Crime Victim's Fund, and 150 hours
community service.
03/22/89: Defendant Hellman was sentenced to serve 1 year and 6
months imprisonment, placed on probation for 3 years, and ordered to
pay a $100 special assessment to the Crime Victim's Fund.
06/20/89- All counts charged against defendant Barry Seldin were
dismissed.
06/23/89: A jury acquitted defendant William Smith on all counts.
Ashland Oil Inc.
88-146
(W.D. Pennsylvania)
Facts: Ashland Oil Inc. is a corporation incorporated in the state of
Kentucky and headquartered in Russell, Kentucky. On January 2,
1988 an oil storage tank, located at Ashland's Floreffe, Pennsylvania
facility, collapsed and caused an excess of 500,000 gallons of oil to spill
into the Monongahela River.
09/15/88: A grand jury handed down a two-count indictment charging
the corporation with one count of unlawfully discharging refuse (oil)
into a navigable water of the United States without a permit, in violation
of Sees. 13 and 16 of the Rivers and Harbors Appropriation Act of 1899
(the Refuse Act) [33 USC §§ 407 and 411]; and one count of negligently
discharging pollutants into a navigable water of the United States
without a permit, in violation of the Clean Water Act, Sees. 301(a) and
309(c)(l) [33 USC §§ 131 l(a) and 1319(c)(l)].
02/07/89: Ashland Oil entered a nolo contendere plea to both counts
charged in the indictment.
03/09/89: Under the Alternative Fines Act (18 U.S.C.§ 3571), the
corporation was sentenced to pay a $2,250,000 fine.
96
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Riedel International, Inc.
James A. Repman
Ronald E. Summers
CR88-271W
(W.D. Washington)
Facts: Riedel International, Inc. was parent corporation of Pioneer
Construction Materials Co., which operated ready-mix concrete plants
adjacent to Lake Union and the Duwamish River in Seattle,
Washington. Repman was president of Pioneer and Summers was
operations manager.
09/12/88: Riedel International, Inc. entered a guilty plea to six counts
charged in an information which was filed later on September 20, 1988
09/20/88: A 10-count information was filed charging Riedel
International Inc. with six counts, Repman and Summers with two
counts each of willfully and negligently discharging waste water into a
navigable water of the United States without an NPDES permit, in
violation of the Clean Water Act Sees. 301(a) and 309(c)(l) [33 USC
§§1311(a)andl319(c)(l)].
09/29/89: Defendants Repman and Summers both entered guilty pleas to
both counts charged to each of them in the information.
12/02/88: The defendants were sentenced as follows:
Riedel International to pay a $150,000 fine, plus $150 assessment to
the Crime Victim's Fund;
Repman to pay a $10,000 fine, serve 3 years probation, and 150 hours
of community service;
Summers to pay a $3,000 fine, serve 5 days imprisonment, 3 years
probation, and 150 hours of community service.
Chorine Kasema Mackenzie Nzau
(aka Kasema Mackenzie)
88-478M
(WD. Washington)
Facts: Approximately 300 55-gallon drums, containing suspected
hazardous waste, were found in mini-storage units rented to a
company, Washington Environment Pro-Tech, Inc., owned by Kasema
Mackenzie. The drums were discovered in the mini-storage units,
located in a complex in Bellevue, Washington because the rent was past
due.
08/26/88: Defendant Kasema Mackenzie was arrested pursuant to a
federal search warrant. Four separate search warrants were executed
on Mackenzie's car, residence, briefcase, and a second self-storage
warehouse rented by Mackenzie.
09/21/88: A 12-count indictment was filed charging Mackenzie with
seven counts of making false statements, in violation of 18 USC § 1001;
four counts of knowingly transporting hazardous waste to an
unpermitted facility, in violation of RCRA, Sec. 3008(d)(l) [42 USC
§ 6928(d)(l)]; and one count of knowingly storing waste at a facility
without a permit in violation of RCRA, Sec. 3008(d)(2) [42 USC
§ 6928(dX2)].
96
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket NoVCourt
Facts and Status
Chorine Kasema Mackenzie Nzau
(cont. from previous page)
10/28/88: Mackenzie pled guilty to one count of illegal storage of
hazardous waste, in violation of RCRA, Sec. 3008(d)(2) [42 USC
§ 6928(d)(2)].
12/16/88: Mackenzie was ordered to pay $100,000 restitution for the clean
up costs incurred by EPA, and also sentenced to 3 years imprisonment
(all but 6 months suspended) and 3 years probation.
John Pozsgai
88450
(E D. Pennsylvania)
Facts: John Pozsgai owns a tract of land consisting of wetlands
adjacent to an unnamed tributary of the Pennsylvania Canal in Bucks
County, Pennsylvania.
09/29/88: A 41-count indictment was filed charging Pozsgai with
discharging pollutants, including fill material onto wetlands without a
permit, in violation of the Clean Water Act, Sees. 301(a) and
309(c)(2)(A) [33 USC §§ 1311(a) and 1319(c)(2)(A)].
12/30/88- Defendant Pozsgai was convicted of 40 out of the 41 counts
charged in the indictment.
07/13/89: Pozsgai was sentenced to pay a $200,000 fine, serve 3 years
imprisonment on each count (to be served concurrently), 5 years
probation, including restoration of wetlands, and assessed $2,000 for the
Crime Victim's Fund.
01/12/90' Pozsgai's conviction was upheld in the U.S Court of Appeals
for the 3rd Circuit.
10/01/90: U.S. Supreme Court refused to review conviction and
sentence.
97
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Fiscal Year 1989
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
William N
CR-88-282
(ND Ohio)
Bogas
Facts William Bogas was commissioner of the Cleveland Hopkins
Airport Bogas was responsible for supervising all activities at the
airport, including the maintenance department, which collected and
disposed of waste generated by the airport.
10/04/88: Bogas was charged in a five-count indictment with three
counts of making false statements, in violation of 18 USC § 1001. one
count of storage, disposal, and treatment of hazardous waste without a
permit, in violation of RCRA, Sec. 3008(d)(2)(A) [42 USC
§ 6928(d)(2)(A)]; one count for failure to notify of a release of a
hazardous substance in violation of CERCLA, Sec. 103(b)(3) [42 USC
§ 9603(b)(3)].
05/19/89: Bogas entered a guilty plea to three counts of making false
statements, in violation of 18 USC § 1001, and one count of violating
CERCLA, Sec. 103(bX3) [42 USC § 9603(bX3)].
02/13/90: Bogas was sentenced to serve 6 months imprisonment in a
home detention program at a cost of $15 a day, to be paid by the defendant
(a total of $2,700); to serve 4 years probation, serve 1,000 hours
community service, and pay a $100 special assessment to the Crime
Victim's Fund. The sentence and case are being appealed.
12/03/90: The Court of Appeals ruled in favor of government and
reversed sentencing of trial judge. Case will be remanded back to
District Court for resentencing.
Ocie Mills
Carey C. Mills
88-03100-WEA
(N.D. Florida)
Facts: Ocie and Carey C. Mills own property in Santa Rosa County,
Florida. The property is located in the Spanish Landing Subdivision
and consists of wetlands area adjacent to East Bay.
10/18/88: A six-count indictment was filed charging defendants Ocie
and Carey C. Mills with the following counts:
One count each of unlawfully excavating or causing to excavate a
canal in the navigable waters of the United States (East Bay),
without having obtained a permit from the U.S. Army Corps of
Engineers, in violation of Sees. 10 and 12 of the Rivers and Harbors
Appropriation Act of 1899 [33 USC §§ 403 and 406]
Five counts each of knowingly discharging or causing pollutants to
be discharged into the waters of the United States by placing fill into
wetland areas adjacent to East Bay without a permit in violation of
the Clean Water Act, Sees. 301(a) and 309(c)(2)(A) [33 USC §§ 1311(a)
and 1319(cX2)(A)]
01726/89: Both defendants were convicted of all counts charged in the
indictment.
98
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L'NITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Ocie Mills
Carey C Mills
(cont. from previous page)
04/17/89: Ocie and Carey Mills were both sentenced to serve 1 year and 9
months imprisonment, serve 1 year probation, pay a $5,000 fine, and a
$250 special assessment to the Crime Victim's Fund.
On the same day, an appeal of the judgment and sentence was filed and
is pending in the U.S. Court of Appeals for the Eleventh Circuit
John Mastrobuono
88-381
(D. New Jersey)
Facts: Mastrobuono was operator-administrator of Caldwell Sewage
Treatment Plant, a wastewater treatment plant, which serves six Essex
County, New Jersey municipalities.
10/21/88: An 18-count indictment was filed charging Mastrobuono with
18 counts of making false statements by submitting false reports to EPA
and the New Jersey Department of Environmental Protection, m
violation of 18 USC § 1001.
12/08/88: The defendant entered a guilty plea to one count of making a
false statement.
01/23/89: The defendant was sentenced to pay a $2,000 fine, to serve 1
year imprisonment, and 3 years probation.
Transit Mix Concrete Company, Inc.
88-CR-289
(D. Colorado)
Facts: Transit Mix Concrete Company, Inc. operates a cement plant,
located in Colorado Springs, Colorado. Transit Mix is a subsidiary of
Chicago-based Continental Materials Corp.
10/24/88: An information was filed charging the company with one
felony count of knowingly discharging pollutants without a permit
from a point source into navigable waters of the United States, in
violation of the Clean Water Act, Sec. 309(c)(2)(A) [33 USC
§ 1319(c)(2)(A)]. The charge resulted from the company's dumping of
concrete wastewater and solids, including calcium hydroxide, a highly
corrosive agent used in cement mixing, into Shooks Run. This stream
runs into Fountain Creek, a tributary of the Arkansas River.
11707/88: The company pled guilty to one count as charged in the
information.
The company was sentenced to pay a $500,000 Fine (all but $50,000
suspended), to serve 5 years probation, and to spend $55,000 on a
community service project such as improving hiking trails along
the river as suggested by the judge.
Progressive Oil Company
CR-88-324
(D. Massachusetts)
Facts: Progressive Oil Company, located in Gloucester, Massachusetts,
is in the business of selling and delivering heating oil.
99
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Progressive Oil Company
(cont from previous page)
11/10/88 An indictment charged the company with one count of
negligent discharge of a pollutant (gasoline) into the sewer system and
publicly owned treatment works, which a reasonable person would have
known could cause personal injury and property damage, in violation
of CWA, Sec. 309(c)(D(B) [33 USC § 1319(c)(l)(B)].
The indictment alleges that gasoline contaminated with water was
pumped into a drain on the company property. This dram was
connected with the town of Gloucester's sewer system. After the
discharge, an explosion occurred causing manhole covers to be hurled
into the air, and also the evacuation of downtown Gloucester.
09/11/89' The company entered a nolo contendere plea (which has the
same legal effect as a guilty plea), to the count charged in the
indictment.
11/17/89: The company was sentenced to pay $21,718.49 to the city of
Gloucester and was placed on probation for 3 years. Leonard Linquata,
the treasurer of Progressive Oil, will serve 3 years probation on behalf
of Progressive Oil.
William E. Willey
88-00518
(E D. Pennsylvania)
Facts: Willey was one of two owners and operators of Apache Waste Oil
Company, located in Conshohocken, Pennsylvania. Apache Waste Oil
Company was in the business of collecting and selling waste oil.
12/06/88: An information was filed charging Willey with one count of
knowingly transporting hazardous waste to an unpermitted facility, in
violation of RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)].
01705/89: Defendant Willey pled guilty to one count charged in the
information.
01/18/89: Willey was sentenced to 1 year probation and ordered to pay a
$1,000 fine and court costs.
Stephen L. Johnson
Country Estates Investment, Inc.
88-03495-01/02 CR
(WD. Missouri)
Facts: Country Estates Investment, Inc. owns Colony Cove Mobile
Home Park in Springfield, Missouri. Stephen L. Johnson was
president of Country Estates Investments, Inc. Wastewater, generated
by the mobile home park, was treated in a lagoon on the premises.
When the Missouri Department of Natural Resources issued a
wastewater discharge permit, a provision stated that when sewer lines
of the City of Springfield were available that the mobile home park's
wastewater collection system would have to be connected.
100
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Stephen L. Johnson
Country Estates Investment, Inc.
(cont from previous page)
12/20/88: A grand jury returned a one-count indictment against
Stephen Johnson and Country Estates Investment, Inc charging each
with knowingly discharging pollutants from a point source into
navigable waters of the United States without obtaining an NPDES
permit in violation of the Clean Water Act, Sees. 301(a) and 309(c)(2)
[33 USC §§ 1311(a) and 1319(c)(2)].
10/17/90: Judgment of the district court in this cause was affirmed by the
U.S. Court of Appeals - Eighth Circuit.
01/03/89: Defendant Johnson and the company both pled guilty to one
count charged in the indictment.
03/31/89: The company was sentenced to pay a $35,000 fine and $200 to
the Crime Victim's Fund. Johnson was sentenced to pay a $2,500 fine
and $25 to the Crime Victim's Fund, serve 5 months imprisonment, and
1 year probation.
09/21/90: Appeal Tiled from U.S. District Court for W.D. Missouri to
Eighth Circuit Court of Appeals No. 89-2753.
10/17/90: Judgment of the district court in the case was affirmed by the
U.S. Court of Appeals - Eighth Circuit.
The Bill L. Walters Companies
88-CR-375
(D. Colorado)
Facts: The Bill Walters Cos. was the developer behind the Galleria
Project, a defunct plan to build a large shopping mall in Denver,
Colorado.
12/22/88: The company was charged in an information with one count
of willfully discharging fill material into a wetland without a permit,
in violation of the CWA, Sees. 301(a) and 309(c)(l) [33 USC §§ 1311 (a)
and 1319(c)(l)L
On the same day, the company pled guilty to the count charged.
02/07/89: The company was sentenced to pay a $15,000 fine.
Gregory Boone
Michael D'Avocato
Alex Feinman
88-543
(E.D. Pennsylvania)
Facts: Feinman entered into contracts for HMC Recycling Corp. Boone
and D'Avocato were truck drivers for HMC Recycling Corp., located in
Philadelphia, Pennsylvania. The company was in the business of
scrap metal recycling, demolition, and asbestos removal. D'Avocato
was arrested on January 26, 1989. Boone was arrested on February 12,
1989 and again on March 28,1989.
12/29/88: Defendants D'Avocato, Boone, and Feinman were indicted in
a five-count indictment. They were each charged with the following:
One count of conspiracy, in violation of 18 USC § 371
101
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Gregory Boone, et al.
(cont. from previous page)
Two counts of knowingly disposing asbestos in an unpermitted
facility in violation of the Clean Air Act, Sees. 112(c)(l)(B) and (e),
and 113(c)(l)C) [42 USC §§ 7412(c)(lXB), 7412(e), and 7413 (c)(l)(C)|
Two counts for failure to notify of a release of a hazardous
substance, in violation of CERCLA Sees. 102(b) and 103(b)(3) [42
USC §§ 9602(b) and 9603(b)(3)]
01/20/89: Alex Feinman entered a guilty plea to one count of conspiracy
(18 USC § 371) and the remaining counts against him were dismissed
04/24/89: Boone pled guilty to two counts of violating the CAA.
04/28/89: D'Avocato was acquitted on all five counts after a trial.
05/12/89: Feinman was sentenced to 1 year imprisonment.
06/16/89: Boone was sentenced to serve 1 year imprisonment and 5
years probation.
Robert McKiel
Scott McKiel
John Shepardson
David Boldt
89-29-N
(D Massachusetts)
Facts: Astro Circuit Corporation owned and operated an electroplating
facility located in Lowell, Massachusetts. Astro Circuit Corp.
employed:
Robert McKiel as President of Astro Circuit,
Scott McKiel as Vice President,
John Shepardson as Waste Treatment Consultant
David Boldt as Chemical Process Engineering Manager
The facility discharged wastewaters into the City of Lowell's
wastewater treatment plant, which discharges into the Merrimack
River. Other wastewater was discharged from the Lowell facility
directly into River Meadow Brook, a tributary of the Concord River,
which is a tributary of Merrimack River. Astro Circuit's Lowell plant
manufactured printed circuit boards. The wastewater, generated by
Astro Circuit's industrial processes, contained toxic metals such as
copper, lead, and nickel.
01/31/89: A 52-count indictment was filed charging:
Willful and negligent discharge of pollutants (toxic metals) from
point sources, pipes, into a navigable water of the U.S., the River
Meadow Brook, a tributary of the Merrimack River, without an
NPDES permit, in violation of the CWA, Sees. 301(a) and 309(c)(l)
[33 USC §§ 1311(a) and 1319(c)(l)]: Robert - 10 counts. Shepardson -
three counts
102
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Robert McKiel, et al.
(cont. from previous page)
Knowingly discharging pollutants from a point source into
navigable water of the U.S., without a permit, in violation of the
CWA, Sees. 301(a) and 309(c)(2) [33 USC §§ 1311(a) and 1319(c)(2)]
Robert - six counts, Scott - six counts
Willful and negligent discharge of pollutants (wastewaters) into a
publicly owned treatment works (POTW) in violation of
pretreatment standards and the CWA, Sec. 307(b) and (d), and
309(c)(l) [33 USC §§ 1317(b) and (d), and 1319(c)(l)]. Robert - eight
counts, Scott - one count
Knowingly discharging of pollutants (wastewaters), into a POTW,
in violation of pretreatment standards and the CWA, Sees 307(b)
and (d), and 309(c)(2) [33 USC §§ 1317(b) and (d), and 1319(c)(2)]-
Both Robert and Scott • 23 counts and Boldt - 14 counts
Knowingly storing listed hazardous wastes (wastewater treatment
sludges), for a period longer than 90 days without a permit or
interim status, in violation of RCRA, Sees. 3005 and 3008(d)(2)(A)
[42 USC §§ 6925 and 6928(d)(2)(A)]: Robert - four counts and Scott -
one count
05/04/89: Defendant Shepardson entered a guilty plea to one count of
violating the CWA, Sees. 301(a) and 309(c)(l) [33 USC §§ 130 l(a) and
1319(c)(l)]. He was sentenced on the same day to serve 6 months
probation and to pay $25 to the Crime Victim's Fund.
05/12/89: Defendants Robert and Scott McKiel entered guilty pleas to the
following counts:
Both Robert and Scott to three counts of violating the CWA, Sees
301(a) and 309(c)(2) [33 USC §§ 1311(a) and 1319(c)(2)];
Both Robert and Scott McKiel to eight counts of violating the CWA,
Sees. 30700 and (d), and 309(c)(2) [33 USC §§ 1317(b) and (d), and
Robert to one count of violating RCRA, Sees. 3005 and 3008(d)(2)(A)
[42 USC §§ 6925 and 6928(dX2XA)].
06/29/89: Defendants Robert and Scott McKiel were sentenced as
follows:
Robert: to serve 1 year imprisonment (all but 4 months suspended),
serve 2 years probation, and pay $600 to the Crime Victim's Fund.
103
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Robert McKiel, et al
(cont from previous page)
89-0024-04-S
Scott: to serve 9 months imprisonment (all but 3 months suspended),
serve 2 years probation, and pay $500 to the Crime Victim's Fund
03/06/90: Defendant Boldt was convicted by a federal jury on two counts
of knowingly violating the CWA, 33 USC 1319(c).
03/09/90: Boldt was sentenced to serve 24 hours imprisonment on each of
two counts to run consecutively, and was ordered to pay $100 to the Crime
Victim's Fund.
06/20/90: Defendant Boldt filed an appeal.
William W Windham
CR-1-89-00001
(N.D. Texas)
Facts: William Windham was Superintendent of Utilities for the City
of Big Spring, Texas Sewage Treatment facility.
02/10/89: Defendant Windham was charged by an information filed
with five counts of making false statements on Discharge Monitoring
Reports (DMRs) in which the defendant stated that the discharges from
the Big Spring Waste Water facility were in compliance with NPDES
permit in violation of the CWA, Sec. 309(c)(2) [33 USC § 1319(c)(2)].
09/13/89: A federal district court jury found the defendant guilty of all
counts charged in the information.
11/27/89: The defendant was sentenced to serve 5 months imprisonment
and ordered to pay $125 to the Crime Victim's Fund.
A-l Disposal Corporation
Richard D. Shumaker
G-89-32
(W.D. Michigan)
Facts: A-l Disposal Corp. was engaged in the business of generating,
transporting, treating, storing, and disposing of industrial waste,
including hazardous waste. Richard Shumaker is president of A-l
Disposal Corp. The company is located in Plainwell, Michigan.
02/15/89: A four-count indictment was filed charging the company and
Shumaker with the following:
One count of making a false statement in violation of 18 USC § 1001;
One count of knowingly transporting hazardous waste to an
unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42 USC
§ 6928(d)(l)];
One count of making false statements and knowingly omitting
material information by painting over or removing hazardous
waste labels in violation of RCRA, Sec. 3008(d)(3) [42 USC
§ 6928(d)(3)]; and
104
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
A-l Disposal Corporation
Richard D Shumaker
(cont. from previous page)
One count of knowingly transporting hazardous wastes without a
manifest, in violation of RCRA, Sec. 3008(d)(5) [42 USC
§ 6928(d)(5)].
04/21/89: Both defendants entered a plea agreement and pled guilty to
one count of violating RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)]. All
the other counts were dismissed.
07/31/89: Both defendants sentenced jointly to pay a $200,000 fine, pay
the generators $90,000 restitution, pay $11,202 in restitution to Michigan
Department of Natural Resources, serve 3 years probation, and pay $200
to the Crime Victim's Fund.
General Wood Preserving Co., Inc.
89-6-CR-7
(E.D. North Carolina)
Steven Michael Hutchison
90-18-01-CR7
(E.D North Carolina)
Stanley Winborne, Jr.
90-19-01-CR-7
(E.D. North Carolina)
Facts: General Wood Preserving owns and operates one of the largest
wood treating operations in North Carolina. The company
manufactures such products as wooden utility poles. The plant is
located in Leland, North Carolina.
02/15/89: The company waived indictment and pled guilty to an
information charging General Wood Preserving Company with one
count of knowingly disposing hazardous wastes, namely arsenic,
chromium, creosote, and pentachlorophenol, without a permit in
violation of RCRA, Sec. 3008 (d)(2)(A) [42 USC § 6928(d)(2)(A)].
On the same day, the company was sentenced and ordered to pay a
$150,000 fine (less $50,000), pay administrative penalties assessed by the
North Carolina Department of Human Resources, placed on 3 years
probation, assessed $200 for the Crime Victim's Fund, and ordered to
publish apologies in local newspapers.
Facts: Defendant Hutchison was employed at the General Wood
Preserving Company, Inc. plant in Leland, North Carolina. The
company manufactures products such as wooden utility poles.
06/11/90: Defendant waived indictment and pled guilty to an
information charging him with one count of knowingly disposing of
hazardous waste namely arsenic, chromium, creosote, and
pentachlorophenol without a permit in violation of RCRA Sec
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)j.
Facts: Stanley Winborne Jr. was president of General Wood
Preserving Company and owner of one-third of the company's stock.
06/12/90: Winborne had ordered and supervised company employees in
unlawful burial of several thousand gallons of wood treatment and
waste on the company property. He was charged with a two-count
indictment for conspiring to violate the Resource Conservation and
Recovery Act and illegal disposal of hazardous waste (18 USC 371 and 42
USC 6928(d)(2)(A).
106
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Stanley Winborne, Jr.
(cont from previous page)
09/04/90: Steven Michael Hutchison was sentenced to 3 years probation,
300 hours community service in the environmental line, $10,000 fine,
and $50 special assessment.
11/26/90: Stanley Winborne, Jr was convicted by a federal jury on a
two-count indictment charging disposal of hazardous waste without a
permit in violation of RCRA and conspiracy to violate provisions of
RCRA.
03/25/91: Winborne was sentenced to pay a fine in the amount of $5,000
with a special assessment of $100, 30 days imprisonment, and 3 years of
probation.
Bridgeport Wrecking Company, Inc.
Thomas Capozziello
N-89-12-WWE
(D. Connecticut)
Facts: Capozziello was president, treasurer, and chief operating officer
of Bridgeport Wrecking Co., Inc. Bridgeport Wrecking Co was in
charge of the demolition of Knudsen Dairy, which was located in a
residential area in North Haven, Connecticut.
03/01/89: A four-count indictment was filed charging both Capozziello
and the company with:
One count of knowingly emitting an air pollutant (friable asbestos)
from a stationary source, and doing so without providing notice to
EPA, in violation of the Clean Air Act, Sees. 112(c)(l)(B) and (e)(5),
and 113(c)(l)(C) [42 USC §§ 7412(c)(l)(B) and (e)(5), and
7413(c)(l)(C)], and 40 CFR § 61.146; and
Three counts of knowingly emitting air pollutants (asbestos) from a
stationary source and doing so without:
First removing the friable asbestos materials before demolition
in violation of the CAA (see same citations as charged in CAA
count above); and Title 40 Code of Federal Regulations,
Sec. 61.147(3)
Adequately wetting the friable asbestos materials when they
were being removed, in violation of the CAA (see same citations
as charged in CAA count above), and 40 CFR § 61.147(c)
Adequately wetting the friable asbestos materials to ensure that
they remain wet until they were collected for disposal, in
violation of the CAA (see same citations as charged in CAA
count above) and 40 CFR § 61.147(e)(l).
106
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Bridgeport Wrecking Company, Inc.
(cont from previous page)
12/15/89 Bridgeport Wrecking Co. was convicted of violating two
counts of the CAA, Sec. 113(c)(l)(C) [42 USC § 7413(c)(l)(O] and one
count of CAA, Sec. 113 (e)(l)(5) [42 USC § 7413(e)(l)(5)]. The company
was acquitted on the remaining count. Defendant Capozziello was
convicted on one count of violating the CAA, Sec. 113(c)(l)(C) [42 USC
§ 7413(c)(l)(C)] and was acquitted on all other counts as charged in the
indictment.
03/16/90: After a trial, a verdict was entered finding Bridgeport
Wrecking guilty of three counts of violating the CAA and Thomas
Capozziello guilty on one count of violating the CAA, all counts in
violation of the CAA, Sees. 112(c)(l)(B), and (e)(5), and 113(c)(l)(C) [42
USC §§ 7412(c)(l)(B) and (e)(5), and 7413(c)(l)(C)]; and 40 CFR
§§61.146, and additionally 40 CFR §§ 61.147(c) and (e)(l) on the
company counts.
Capozziello was found not guilty on three counts of violating the
CAA. The company was found not guilty on one count of violating
the CAA.
On the same day, both the defendants were sentenced: the company
was sentenced to pay a $40,000 fine on each of three counts (fines are
concurrent); and Thomas Capozziello was sentenced to pay a $10,000
fine as a special condition of 3 years probation, ordered to serve 1
year imprisonment (all but 3 months suspended), and pay a $25
special assessment to the Crime Victim's Fund.
Vanderbilt Chemical Corp.
N-89-16
Henry Baer
N-89-15
(D. Connecticut)
Facts: Vanderbilt Chemical Corp. manufactures chemical products at
an industrial site located in Bethel, Connecticut. The company has
owned and operated that site since 1948. Henry Baer was plant
manager of the Bethel facility from 1978 to 1986 and was vice president
from 1981 to 1986. His duties included overseeing the lawful disposal of
chemical waste materials generated at the site.
03/08/89: The company and Baer each waived indictment and pled
guilty to the following counts charged by an information:
The company was charged with two counts of making false
statements in violation of 18 USC § 1001 and with one count of
knowingly disposing of hazardous waste (sulphuric acid) without a
permit in violation of RCRA, Sec. 3008(d)(2)(A) [42 USC
§ 6928(d)(2)(A)].
Defendant Baer was charged with one count of making a false
statement in violation of 18 USC § 1001.
107
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Vanderbilt Chemical Corp
(cont from previous page)
05/31/89: Defendant Baer was sentenced to pay a $10,000 fine, serve 3
years imprisonment (all suspended), placed on 3 years probation,
perform 300 hours community service, and pay $50 to the Crime
Victim's Fund.
06/02/89: The corporation was sentenced to pay a $1,050,000 fine
($500,000 suspended), $500,000 in restitution to the state of Connecticut,
serve 2 years probation, and pay $400 to the Crime Victim's Fund.
Lawrence Ostler
CR89-107W
(W.D. Washington)
Olympus Terrace STP
CR-89-111W
(WD. Washington)
Facts: Lawrence Ostler was superintendent of the Olympus Terrace
Sewage Treatment Plant (STP) and Assistant District Manager of the
Olympus Terrace Sewer District. Ostler was responsible for the
operations of the plant, located in Mukilteo, Washington.
04/05/89: An information was filed charging Ostler with one count of
willfully discharging pollutants from a point source into Puget Sound, a
navigable water of the United States, without having obtained an
NPDES permit, in violation of the Clean Water Act, Sees. 301(a) and
309(c)(l) [33 USC §§ 1311(a) and 1319(c)(l)].
04/14/89: Defendant Ostler pled guilty to the count as charged in the
information.
07/25/89: Ostler was sentenced to pay a fine of $5,000, placed on 3 years
probation, and perform 250 hours of community service.
Facts: Olympus Terrace STP is located in Mukilteo, Washington near
Puget Sound.
04/13/89: An information was filed charging Olympus Terrace STP
with two counts of willfully discharging pollutants into navigable
waters of the U.S. without an NPDES permit, in violation of the CWA,
Sees. 301(a) and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)(!)].
04/19/89: The company pled guilty to two counts as charged in the
information.
06/23/89: The company was sentenced to pay a fine of $25,000 and placed
on probation for 3 years.
Valmont Industries, Inc.
Jack R. Hawk
Duane Prorok
CR-89-048
(D. Nebraska)
Facts: Valmont Industries operated a facility in Valley, Nebraska
which manufactured steel products such as light poles and irrigation
systems. Jack Hawk was an employee of Valmont Industries, and was
responsible for environmental compliance at the facility. Duane
Prorok was also employed by Valmont and was manager of the
wastewater treatment plant which treated galvanizing wastewater.
106
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Valmont Industries, Inc.
fcont from previous page)
04/10/89. The defendants waived indictment and a three-count
information was filed charging:
Valmont Industries with two counts of making a false statement in
a DMR and knowingly rendering a monitoring method inaccurate
in violation of the CWA, Sec. 309(c)(4) [33 USC § 1319(c)(4)]
Jack Hawk with one count of making a false statement on a DMR in
violation of the CWA, Sec. 309(c)(4) [33 USC § 1319(c)(4)]
Duane Prorok with one count of knowingly rendering a monitoring
device inaccurate, in violation of the CWA, Sec. 309(c)(4) [33 USC
§ 1319(c)(4)]
On the same day (04/10/89), each defendant pled guilty to all counts
charged to them in the information.
06/26/89: Valmont Industries was sentenced to pay a fine of $450,000 (all
but $150,000 suspended conditional to terms of having no other
environmental violations), a public apology to be published in the
Omaha World Herald, pay court costs of $70 and $100 to the Crime
Victim's Fund.
Defendant Prorok was also sentenced to pay a fine of $500 and court
costs of $35, to serve 2 years probation, and pay $25 to the Crime
Victim's Fund.
06/29/89: Defendant Hawk was sentenced to pay a fine of $1,000, court
costs of $70, $50 to the Crime Victim's Fund, and serve 1 year probation.
Pollution Control Industries of
America, Inc.
Kevin P. Prunsky
HCR-89-24
(N.D. Indiana)
Facts: Pollution Control Industries of America Inc. (hereinafter PCIA)
was authorized by having RCRA interim status to transport, treat, and
store hazardous waste. Kevin P. Prunsky was the president of PCIA.
The corporation did business in Indiana and Illinois. The business
was based in Chicago, Illinois.
04/11/89: On the same day, defendants PCIA and Prunsky were
charged by an information filed and also signed petitions to "Enter A
Plea of Guilty." Both defendants were charged with two counts of
making false statements regarding the transportation and disposal of
hazardous wastes from a bankrupt steel mill in Chicago to a site in
Winona, Texas. The false statements were made in violation of 18 USC
§1001.
Both defendants entered guilty pleas to each count charged to them.
109
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Pollution Control Industries of
America, Inc.
(cont. from previous page)
06/23/89: Defendant Prunsky was sentenced to pay a $100 Tine and
serve 4 years probation, perform 500 hours of community service, and
pay $100 to the Crime Victim's Fund. The corporation was sentenced to
pay a $200,000 fine (all but $50,000 suspended), serve 5 years probation,
and pay $400 to the Crime Victim's Fund. Both defendants are required
by terms of their probation, to jointly pay $53,888 94 in restitution to the
United States of America.
Sherman Smith
CR-89-205S
(W.D Washington)
Facts: Sherman Smith operates vessels and owns the Seawall
Construction Company, on Vashon Island, Washington. The company
constructs bulkheads and seawalls.
04/12/89: Smith was charged by a criminal complaint with one count of
knowingly and negligently discharging pollutants from a point source
(a vessel), into a navigable waterway (Puget Sound) without having
obtained an NPDES permit, in violation of the CWA, Sees. 301(a) and
309(c)(l)(A), (c)(2)(A) [33 USC §§ 1311(a) and 1319(c)(l)(A), (c)(2)(A)],
and one count of discharging refuse (oily wastewaters from vessel
bilges), from a vessel into Puget Sound, without having obtained a
permit, in violation of the Rivers and Harbors Appropriations Act,
Sees. 13 and 16 [33 USC §§ 407 and 411].
08/18/89: Defendant Smith entered a guilty plea to one count of violating
the Rivers and Harbors Appropriations Act of 1899, Sees. 13 and 16 [33
USC §§ 407 and 411]. The other count was dismissed.
01/02/90: The defendant was sentenced to serve 30 days imprisonment
at a work release facility, followed by 1 year of supervised release
(probation) and ordered to pay a fine of $2,000, which may be reduced for
every dollar contributed to an agency or institution involved in
environmental cleanup.
Plaza Health Laboratories, Inc.
Geronimo Villegas
CR-89-00338
(E.D. New York)
Facts: Plaza Health Laboratories, Inc. ("Plaza") is a medical lab
located in Brooklyn, New York. It is engaged in the examination of
specimens for the diagnosis and treatment of human diseases.
Geronimo Villegas is the vice president of the company.
05/17/89: The company and Geronimo Villegas were both charged in an
indictment with the following:
One count of knowingly discharging pollutants (51 vials of human
blood, bearing identification numbers) from a point source into
navigable water of the U.S., namely the Hudson River and New
York Bay, without a permit and in violation of the CWA, Sees.
301(a) and 309(cX2) [33 USC §§ 1311(a) and 1319(c)(2)]; and
110
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Plaza Health Laboratories, Inc
(cont from previous page)
One count of knowingly discharging pollutants (51 glass vials
containing human blood infected with the hepatitis virus) from a
point source into navigable waters of the U.S. and thereby placing
another person in imminent danger of death or serious bodily
injury, in violation of the CWA, Sees. 301(a) and 309(c)(3) [33 USC
§§ 1311(a)andl319(c)(3)]
11/14/90: Superseding indictment was filed charging defendants with
CWA violations - discharging a pollutant (medical waste) into waters
of U.S. - 33 USC 1311(a) and 1319(c)(2)&(3)
12/13/90: Claims against Plaza Health Laboratories were severed from
Villegas. Action against Plaza Health Laboratories will not proceed at
time of trial of Villegas.
01/31/91: Trial of Villegas resulted in a conviction on four felony
counts of CWA violations -- two counts of knowing endangerment [33
USC 1319(c)(3)] and two counts of knowing discharge [33 USC
NIBCO, Inc.
89-CR-164
(D. Colorado)
Facts: NIBCO, Inc. is a corporation licensed to do business in the state
of Colorado.
05/26/89: The corporation waived indictment and entered a not guilty
plea to an information charging the corporation with one count of
knowingly storing a listed hazardous waste (1,1,1-trichloroethane, a
spent halogenated solvent) without a permit, in violation of RCRA, Sec.
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)].
06/28/89: The corporation changed its original plea to guilty, to the count
charged in the information.
07/28/89: The corporation was sentenced to pay a $10,000 fine.
Sellen Construction Co., Inc.
Gary Rager
CR-89-162-W
(W.D. Washington)
Facts: Sellen Construction Co., Inc. is a corporation headquartered in
Seattle, Washington. The corporation was engaged in the business of
construction and remodeling the Fisher Flour Mills facility located
near and partially over the Duwamish River. The Duwamish River is
a waterway leading into Elliott Bay, Seattle, and then into Puget Sound.
Gary Rager was the on-site superintendent.
05/30/89: An information was filed charging the corporation and Rager
with the following:
111
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket NoVCourt
Facts and Status
Sellen Construction Co , Inc.
(cont from previous page)
The corporation and Rager with two counts of negligently
discharging pollutants from a point source into a navigable water of
the U.S., without an NPDES permit and in violation of the CWA,
Sees. 301(a) and 309(c)(l)(A) [33 USC §§ 1311(a) and 1319 (c)(l)(A)l.
On the same day, the corporation entered a plea of guilty to both
counts.
06/02/89: Defendant Rager entered a plea of guilty to both counts.
06/12/89: Sellen Construction was sentenced to pay a $100,000 fine (all
suspended), serve 6 months probation, and pay $50,000 to an
Environmental Trust Fund, for which the Seattle YMCA is the trustee
and will use the fund: to purchase and modify a hazardous waste
collection facility, to help expand the household hazardous waste
collection program, and to expand that collection program to include
collection of hazardous wastes generated by small business.
09/27/89: Rager was sentenced to pay a fine of $1,000, serve 3 years
probation, and perform 200 hours of community service.
Finishing Corp. of America, Inc.
John W. Rutana
Richard J. Fiorini
John C. Barnes
89-CR-0158
(ND Ohio)
Facts: John Rutana, Richard Fiorini, and John Barnes are owners in
Finishing Corp. of America, Inc. John Rutana was the corporation's
president, John Barnes was the plant manager, and Richard Fiorini
was the Secretary-Treasurer while holding the position of Health
Commissioner for the City of Campbell, Ohio. The corporation was
engaged in the business of anodizing aluminum, a process in which
metallic surfaces are electrolytically coated with a protective oxide.
05/31/89: A 40-count indictment was filed charging the defendants with
the following counts:
Corporation, Rutana, and Barnes with 18 counts each of knowingly
discharging pollutants into a POTW in violation of pretreatment
standards and the CWA, Sees. 307(d) and 309(c)(2)(A) [33 USC
§§ 1317(d)and 1319(c)(2)(A)]
Corporation, Rutana, and Barnes with two counts each of knowingly
discharging pollutants into a POTW and thereby knowingly
placing the workers at the POTW in imminent danger of death or
serious injury, in violation of the CWA, Sees. 307(d) and 309(c)(l)
[33 USC §§ 1317(d) and 1319(cX3)]
Fiorini with 18 counts of negligent discharge of pollutants into a
POTW in violation of pretreatment standards and the CWA, Sees.
307(d) and 309(c)(l) [33 USC §§ 1317(d) and 1319(cXDl
Rutana with two counts of making false statements in violation of
18 USC §1001
112
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Finishing Corp of America, Inc.
(cont from previous page)
09/28/89: Fionni pled guilty to 18 counts and Barnes pled guilty to 17
counts (charged in a superseding information) of the same violations of
negligent discharges into a POTW in violation of pretreatment
standards for acidity and the CWA, Sec. 309(c)(l)(A) [33 USC
§ 1319(c)(D(A)].
10/02/89: The corporation and defendant Rutana pled guilty to 18 counts
of violating the CWA, Sees. 307(d) and 309(c)(2)(A) [33 USC §§ 13l7(d)
and 1319(c)(2)(A)].
03/02/90: The defendants were sentenced as follows:
Finishing Corp. of America was ordered to pay a $108,000 fine and a
$900 special assessment to the Crime Victim's Fund.
John Rutana was sentenced to pay a $90,000 fine and a $900 special
assessment, and ordered to serve 5 years probation and 1,000 hours
of community service.
R.J. Fiorini was sentenced to pay a $51,000 fine and a $425 special
assessment, and ordered to serve 5 years probation.
John Barnes was sentenced to pay a $42,500 fine and a $425 special
assessment, and ordered to serve 5 years probation.
03/14/90: U.S Attorney's Office, N.D. Ohio, filed an appeal re: the
sentence handed down. This appeal was filed due to the courts deviation
from the federal sentencing guidelines which would have required jail
time for the defendants.
05/17/91: Court of Appeals upheld government. Case is being remanded
back to lower court for sentencing.
Wells Metal Finishing, Inc.
John Wells
CR89-0144-N
(D Massachusetts)
Facts: John Wells is president and sole owner of Wells Metal
Finishing Incorporated, which has a facility located in Lowell,
Massachusetts. The company is engaged in the business of plating
metals, such as chromium and zinc, onto computer components.
06/01/89: The company and Wells were each charged in an indictment
filed charging them with 19 counts of knowingly discharging
pollutants (wastewaters) from the facility into the City of Lowell POTW,
which in turn discharges into the Merrimack River, in violation of
pretreatment standards and the CWA, Sees. 307(b) and (d), and
309(cX2)(A) [33 USC §§ 1317(b) and (d), and 1319(c)(2)(A)], and 40 CFR
Sec. 433.17.
12/14/89: Defendants John Wells and Wells Metal Finishing, Inc.
were convicted on all counts.
113
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Wells Metal Finishing, Inc
(cont. from previous page)
03/22/90: Defendant John Wells was sentenced to serve 1 year and 3
months imprisonment and ordered to pay a $60,000 fine. Wells Metal
Finishing, Inc., which is bankrupt, was ordered to pay a $950 special
assessment to the Crime Victim's Fund.
Charles A Donahoo, Jr.
(dba Charlie Wrecking)
CR89-00057-01-UJ)
(W.D. Kentucky)
Facts: Charles A Donahoo, Jr. (dba Charlie Wrecking) was m the
business of wrecking and demolition in Jefferson County, Kentucky
Donahoo's company contracted with Tuscarora Plastics to demolish a
building on their property located in Louisville, Kentucky.
06/05/89: Charles Donahoo, Jr. (dba Charlie Wrecking) was charged in
a five-count indictment with the following counts:
Two counts of knowingly removing and causing the emissions
from a stationary friable asbestos in violation of standards for
asbestos removal in violation of CAA Sees. 112(c) and (e), and 113(c)
[42 USC §§ 7412(c) and (e), and 7413(c)]
Two counts of failing to immediately report the release of a
hazardous substance, in violation of CERCLA, Sec. 103(b) [42 USC
§ 96030))]
One count of making false statements, in violation of 18 USC § 1001
09/28/89: After a jury trial, the jury found the defendant guilty on one
count of violating the CAA and one count of violating CERCLA.
12/19/89: The defendant was sentenced to serve terms of 1 and 3 years
imprisonment (to be served concurrently and all but 6 months
suspended); placed on 3 years probation, and ordered to pay $75 to the
Crime Victim's Fund.
A&A Land Development
Angelo Paccione
Vulpis Brothers, Ltd.
August Recycling, Inc.
New York Environmental
Contractors, Inc.
National Carting, Inc.
Stage Carting, Inc.
Anthony Vulpis
Fred E. Weiss
W&W Properties
Rosedale Carting, Inc.
John McDonald
89-446
(S.D. New York)
Facts: Paccione and Vulpis were partners in A&A Land Development
(hereinafter A&A) with offices located in Staten Island, New York.
Paccione was also president and majority stockholder of August Recy-
cling, Inc. (hereinafter August Recycling), New York Environmental
Contractors, Inc. (hereinafter N.Y. Environmental), National
Carting, Inc., and Stage Carting, Inc. (hereinafter National/Stage).
August Recycling, N.Y. Environmental, and National/Stage were
corporations engaged in the business of the collection, transportation,
transfer, and disposal of waste materials, including construction
debris, garbage, and medical waste. Their offices are located in
Brooklyn, New York.
114
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
A&A Land Development, et al
fcont from previous pagej
Vulpis is the secretary-treasurer and owns half of all stock of Rosedale
Carting, Inc. (hereinafter Rosedale), the president of Vulpis Brothers.
Ltd. (hereinafter Vulpis Bros.) and a principal in NY
Environmental. Rosedale and Vulpis Bros, are corporations also
engaged in the business of collection, transportation, and disposal of
waste, including asbestos and medical waste. Their offices are located
in Brooklyn, New York.
Weiss is a partner of W&W Properties (hereinafter W&W), and also a
real estate broker licensed by the state of New York. W&W is a
partnership engaged in the business of the sale and development of
commercial and residential real estate and has offices in Staten
Island, New York.
Individuals Paccione, Vulpis, and Weiss, and their affiliated
partnerships and corporations: A&A, W&W, August Recycling,
National/Stage, Rosedale, and Vulpis Bros., participated in the conduct
of an enterprise by opening and operating a landfill, which accepted for
disposal construction debris, trash, asbestos, and medical waste.
06/19/89: The following list of companies and individuals were
charged in an indictment:
Vulpis Bros., Rosedale, N.Y. Environmental, National/Stage,
August Recycling, W&W, A&A, Fred E. Weiss, Anthony Vulpis,
and Angelo Paccione:
Each was charged with the following counts:
Two counts of racketeering under the RICO statute, in violation
of 18 USC §§ 1962(d) and 1963
Six counts of mail fraud by unlawfully, willfully, and
knowingly for the purpose of fraud by mailing letters, invoices,
and permits through the U.S. mail, in violation of 18 USC § 1341.
The grand jury charges were brought in connection with the
defendants constituting an "enterprise" consisting of a group of
individuals and corporations ("co-racketeers") associated in fact,
although not a legal entity, which enterprise was engaged in and the
activities of which affected interstate commerce, under RICO, 18
USC § 1961.
Furthermore, the indictment charged that the purpose of the
enterprise was to enrich the individual defendants and their
corporations through the operation of an illegal landfill, including
the disposal of waste materials in violation of federal, state, and
local law.
115
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
A&A Land Development, et al.
(cent, from previous page)
08/24/89- An indictment was filed adding defendant John McDonald to
defendants indicted on June 19, 1989. McDonald is a principal of New
York Environmental and an employee of August Recycling and
National/Stage. The indictment alleges that McDonald was involved
in racketeering acts and was charged with one count of racketeering by
knowing and willful delivered mail to defraud, in violation of RICO,
18 USC §§ 1962(c); one count of knowingly conspiring to conduct and
participate in conduct of the affairs of an enterprise in a pattern
racketeering activity, in violation of RICO, 18 USC § 1962(d): and one
count mail fraud in violation of 18 USC § 1341.
09/11/89: Defendant Fred Weiss was murdered outside of his apartment
in New Springville in an ambush of gunfire by unknown assailants
03/19/90: A jury tnal began in federal district court.
06/08/90: Jury found Anthony Vulpis, Angelo Paccione, and their seven
related companies guilty of RICO violations and conspiracy. John
McDonald and his company were found guilty of one felony count of
mail fraud.
10/03/90: Angelo Paccione was sentenced to 604 months imprisonment,
suspended to 151 months; probation of 3 years upon release from
imprisonment; and $400 special assessment.
10/10/90: A&A Land Development was sentenced to $1,400 special
assessment and a fine of $22,000,000. Vulpis Brothers, Ltd. was
sentenced to $1,400 special assessment and a fine of $22,000,000 The
sentencing stipulated that Angelo Paccione, Anthony Vulpis, and John
McDonald forfeit their employment, titles, and positions with each of the
defendant companies named above and any successors in interest to
these corporations.
Gary L. Powell
Harry G. Stafford
CR-89-00151-01-02
(N D. W.Virginia)
Facts: Gary Powell was president of Marion Engineering Co., Inc.
Harry Stafford was a partner of Goodwin/Stafford and Co. Both
companies are located in West Virginia.
06/22/89: An information was filed charging each defendant with one
count of conspiracy (18 USC § 371) and one count of knowingly and
willfully failing to mark PCB containers, in violation of TSCA, Sees.
15(l)(c) and 16(b) [15 USC §§ 2614(l)(c) and 26150))], and 40 CFR Sees.
761.40(a)(l) and 761.45(a) promulgated under TSCA, Sec. 4(e) [15 USC
§ 2605(e)].
07/07/89: Defendant Stafford entered into a plea agreement and pled
guilty to both counts charged against him.
10/26/89: Defendant Powell was acquitted on both counts.
116
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
James A. Badgett
89-240-K
(N D. W.Virginia)
Facts: On December 10, 1987, James Badgett testified under oath to a
grand jury convened in the above related case, Powell and Stafford
The defendant testified that he was unaccompanied and unassisted
when he dumped transformers, 55-gallon drums, and drained liquid
from transformers, all of which contained PCBs.
10/18/89- On the same day, the defendant waived indictment and pled
guilty to one count charged by an information of making false material
declaration to a grand jury, in violation of 18 USC § 1623. The
defendant was released on $5,000 unsecured bond.
12/20/89: Badgett was sentenced to serve 5 years probation (the first 2
months to be served as home detention) and ordered to pay a fine of $50.
On the same day, Harry Stafford was sentenced to serve 1 year
imprisonment (all suspended), ordered to pay a fine of $5,000, and
placed on 5 years probation.
Ballard Shipping Co.
lakovos Georgoudis
89-0121M(T)
(D Rhode Island)
Facts: lakovos Georgoudis was the captain of an oil tanker, M/T World
Prodigy, from which spilled 420,000 gallons of light heating oil into the
mouth of the Narragansett Bay. Ballard Shipping Co. is a Liberian-
registered shipping firm that owned the M/T World Prodigy.
06/28/89: Captain Georgoudis was arrested by the FBI and arraigned
and charged by a criminal complaint the same day. Georgoudis was
charged with one count of negligent discharge of pollutants into
navigable waters of the U.S., in violation of the CWA, Sees. 301(a) and
309(c)(l) [33 USC §§ 1311(a) and 1319(c)(l)].
08/16/89: Defendant Captain Georgoudis pled guilty to the one count
charged in the complaint. On the same day, the Ballard Shipping
Company was charged with the same count as Captain Georgoudis. The
company pled guilty to that count on the same day.
09/29/89: Defendant Georgoudis was sentenced to pay a $10,000 fine.
The company was sentenced to pay a $1,000,000 fine (all but $500,000
suspended).
Marine Shale Processors,; Inc.
CR89-60041-01
(W D. Louisiana)
Facts: Marine Shale Processors, Inc. (hereinafter Marine Shale) is a
corporation, incorporated in Louisiana, which operates a facility in
Amelia, Louisiana. The facility is located adjacent to Bayou Boeuf, a
part of the Gulf Intercostal Waterway. The corporation engaged in the
business of accepting industrial and hazardous wastes for incineration
in a rotary kiln.
07/24/89: The corporation waived indictment, entered a guilty plea to
three counts charged in a Bill of Information filed the same day. The
information charged the corporation with the following:
117
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Marine Shale Processors, Inc.
(cont from previous page)
One count of knowing storage of hazardous wastes, bottom sediment
sludge from the treatment of wastewaters from wood preserving
facilities using creosote and/or pentachlorophenol, without a permit
in violation of RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]
One count of discharging and depositing refuse, including
contaminated run-off water, waste chemicals, and material
resulting from incineration of hazardous and other industrial
wastes, into a navigable water of the U.S., Bayou Boeuf, without a
permit, in violation of the RHAA (Refuse Act), Sees. 13 and 16 [33
USC §§407 and 411]
One count of creating and maintaining an obstruction to the
navigability of the Bayou Boeuf, without authorization, by sinking a
barge in the water of Bayou Boeuf and filling it with material from
the incineration of hazardous and industrial wastes, in violation of
the Rivers and Harbors Appropriations Act of 1899, Sees. 10 and 12
[33 USC §§403 and 406]
09/18/89: Marine Shale was sentenced to pay a fine of $1,000,000 (to be
paid in 10 monthly installments).
[Placed under court seal]
89-Dl86-CR(M-2)
(E.O Missouri)
Facts: A Missouri-based corporation is in the business of
manufacturing paper packaging materials at a facility located in St.
Louis.
08/25/89: An information was filed charging the corporation with the
following three counts:
One count of knowingly, willfully, and improperly storing PCB
transformers in violation of TSCA, Sees. 15 and 16(b) [15 USC
§§ 2614 and 2615(b)] and rules and regulations promulgated under
TSCA, Sec. 6(e) [15 USC § 2605(e)] including 40 CFR § 761.65
One count of knowingly and willfully failing to keep records
pertaining to PCB items in violation of TSCA, Sees. 15 and 16(b)
[15 USC §§ 2614 and 2615(b)], and rules and regulations promulgated
under TSCA, Sec. 6(e) [15 USC 2605(e)] including 40 CFR 761.180
One count of knowingly not marking a PCB storage area, in
violation of TSCA, Sees. 15 and 16(b) [15 USC §§ 2614 and 26150))],
and rules and regulations promulgated under TSCA, Sec. 6(e)
[15 USC § 2605(6)], including 40 CFR § 761.40 and 761.65
08/25/89: The corporation entered a guilty plea to violating one count of
TSCA, Sees. 15 and 16 [15 USC §§ 2614 and 2615(b)]. The remaining
counts were dismissed.
118
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
[Placed under court seal)
(cont from previous page)
10/16/89 Entire Hie placed under seal.
04/20/90: Judgment entered, conditions of probation and supervised
release filed under seal and placed in vault.
Jerold Gershon
(dba Chemical Commodities, Inc.)
89-20074-01
(D Kansas)
Chemical Commodities, Inc.
90-20002-01
(D. Kansas)
Facts: Jerold Gershon owns and operates Chemical Commodities, Inc.
located in Olathe, Kansas and is engaged in the business of chemical
brokering. In December 1988, a truck containing hazardous waste
caught fire, triggering the evacuation of residents from a Kansas City
neighborhood.
09/14/89: An indictment was filed charging the defendant with the
following counts:
One count of knowingly treating and disposing of hazardous waste
(methyl bromide), without a permit, in violation of RCRA, Sec
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]
One count of knowingly transporting hazardous waste without a
manifest, in violation of RCRA, Sec. 3008(d)(5) [42 USC § 6928(d)(5)]
One count of knowing endangerment of three employees by
unlawful disposal of hazardous waste (methyl bromide), in
violation of RCRA, Sec. 3008(e) [42 USC § 6928(e)]
01/05/90: In exchange for the corporation entering a guilty plea, the
indictment against Gershon was dismissed. The corporation entered a
guilty plea to two counts charged in a superseding information with
violating RCRA, Sec. 3008(d)(2)(A) [42 USC § 6928(d)(2)(A)].
01/05/90: An information was filed charging Chemical Commodities,
Inc. with one count of knowingly and unlawfully treating, storing, and
disposing of hazardous waste (methyl bromide), without a permit and in
violation of regulations promulgated at 40 CFR Part 261 and RCRA, Sec.
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)].
In exchange for the corporation entering a guilty plea to the count
charged in the information, the counts against defendant Jerold
Gershon were dismissed.
119
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Chemical Commodities, Inc
(cont. from previous page)
05/18/90: Corporation was sentenced on one count of unlawful
treatment, storing, and disposing of methyl bromide, a hazardous waste
in violation of RCRA Sec. 3008(d)(2)(A) [42 USC 6928(d)(2)(A)] The
corporation is to cease business operations and shut down, with the
assistance of a qualified contractor/consultant selected by EPA, within
1 year of sentencing. All costs of liquidation, cleanup, and disposal are
to be paid by defendant. The corporation was fined $505,760 (of which
$5,760 is cost for probation supervision) and a $200 special assessment.
The execution of the $500,000 fine was stayed in lieu of Chemical
Commodities, Inc. absorbing the costs of liquidation as outlined in
conditions of probation. The corporation was placed on 5 years
probation.
Cuyahoga Wrecking Corp.
Paul J. Buckley
Lawrence J. Button
Richard W. Salvati
4-89-CR-0281
(N.D. Ohio)
Facts: Cuyahoga Wrecking Corporation is a demolition and salvage
company incorporated in New York with a branch office in Cleveland,
Ohio. The corporation purchased various structures from LTV Steel
Company, located at a site in Campbell, Ohio. Cuyahoga then
demolished these structures. Buckley was in charge of the demolition
from May 1985 through December 1986. Button supervised the
demolition of the site from February 1985 through December 1986.
Salvati supervised the demolition at the site from September 1985
through December 1986.
09/21/89: An indictment was filed charging the defendants with the
following counts:
Each individual with one count of conspiracy, in violation of 18 USC
§371
The corporation, Button, and Buckley with four counts each, and
Salvati with three counts of demolishing structures in violation of
emission standards for asbestos, and the regulations governing
removal of asbestos, in violation of the CAA, Sees. 112(c)(l)(B) and
(e)(5) and 113(c)(l)(C) [42 USC §§ 7412(c)(l)(B) and (e)(5), and
7413(c)(l)(Q]
The corporation, Button, and Buckley with two counts each, and
Salvati with one count of failure to notify of the release of a
reportable quantity of a hazardous substance (asbestos), in violation
of CERCLA, Sec. 103(bX3) [42 USC § 960300(3)].
03/27/90: The corporation pled guilty to the CAA and CERCLA counts
and was ordered to pay a fine of $1,000,000 with $800,000 held in
abeyance.
04/20/90: Paul Buckley, Lawrence Button, and Richard Salvati were
found guilty of one count CAA and one count CERCLA.
120
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Cuyahoga Wrecking Corp
(cont. from previous page)
07/02/90: Cuyahoga Wrecking was sentenced to pay a fine of $600,000
with $400,000 suspended.
07/02/90: Defendant Paul Buckley was sentenced to 3 years probation,
300 hours community service, and a $5,000 fine plus $100 Special
Assessment based on his plea of guilty.
10/17/90: Richard M. Salvati was sentenced to probation for 1 year and
fined $1,000. Lawrence J. Button was sentenced to 2 years probation and
fined $3,000.
Fisher RPM Electric Motors, Inc.
Rodney R. Fisher
CR89-234
(D. Oregon)
Facts: Rodney Ray Fisher owns and operates Fisher RPM Electric
Motors, Inc., which is engaged in the business of cleaning and
refurbishing motor engines. The business is located in Albany,
Oregon.
09/27/89: Defendants Rodney Fisher and his company Fisher RPM
Electric Motors were each charged by an indictment with the following
counts:
Two counts of knowingly discharging pollutants into a navigable
water of the U.S. without a permit, in violation of the CWA, Sec.
307(a) and 309(c)(2)(A) [33 USC § 1317(a) and 1319(c)(2)(A)l
Three counts of knowing illegal storage, disposal, and treatment of
hazardous waste without a permit in violation of RCRA, Sec.
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]
12/04/89: Defendant Rodney Fisher entered a guilty plea to one count
charged in a superseding information of violating the CWA, Sees. 301,
309(c)(2), and 1362 [33 USC §§ 1311, 1319(c)(2), and 1362]. The
government dismissed all the remaining counts against the defendant
and the corporation.
02/12/90: Defendant Fisher was sentenced to serve 3 years probation
with the condition that he remain in home detention for a period of 3
months (except time it is necessary for him to be at work), and was
ordered to pay a fine of $2,500.
121
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Fiscal Year 1990
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Borjohn Optical Technology
John Borowski
CR89-256-WD
(D Massachusetts)
Facts: The Borjohn Optical Technology company is owned by John
Borowski, and is in the business of metal plating and located in
Burlington, Massachusetts. The case began as a government
procurement fraud investigation by the F.B.I., because a majority of the
company's business was involved in the manufacturing of various
types of weapon system mirrors for the Department of Defense
10/02/89: A federal grand jury indicted Borjohn Optical Technology
and John Borowski on 133 counts of violating the Clean Water Act The
indictment charged the company and its owner with the following
counts:
65 counts of knowingly and willfully discharging pollutants
(untreated metal finishing wastewaters with high levels of nickel)
into a POTW in violation of pretreatment standards for new
sources for the metal finishing industry, and in violation of the
CWA, Sees. 307(b), (c) and (d), and 309(c)(2) [33 USC §§ 1317(b), (c),
and (d), and 1319(c)(2)]
68 counts of knowing endangerment of the company employees by
knowingly discharging pollutants into a POTW and placing
employees in imminent danger of death or serious bodily injury, in
violation of the CWA, Sees. 307(b), (c), and (d), and 309(c)(3) [33 USC
§§ 1317(b), (c), and (d), and 1319(c)(3)]
The indictment alleges that at Defendant Borowski's direction,
untreated metal finishing process wastewaters (including nickel and
nitric acid) were discharged into the Burlington public sewer system,
which discharges into the Boston Harbor.
05/23/90: Both defendants were found guilty by jury of two counts of
knowing endangerment arising out of knowing discharge of plating
solutions and nitric acid baths in violation of the Clean Water Act
pretreatment standards.
11/07/90: John Borowski was sentenced to pay a fine of $400,000 plus $100
special assessment. He was also sentenced to 26 months imprisonment
and will be placed on 24 months probation upon release from
imprisonment.
Borjohn Optical Technology, Inc. was sentenced to pay a fine of
$50,000 plus $400 special assessment and was placed on probation for
a term of 24 months. Borjohn Optical Technology, Inc. was also
ordered to make restitution to the medical health insurance of two
previous employees in the total amount of $15,513.80.
12/18/90: Appeal filed.
122
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Konstandt Laboratories, Inc
89-0563
Felix Konstandt
89-00676
(E D New York)
Facts: Konstandt Laboratories, Inc is a business owned by Felix
Konstandt. The company is based in Long Island, New York The
laboratory was hired by a company to analyze samples of marine
coatings products. The product contained anti-foulants, including
tnbutyltin, which are regulated under the Federal Insecticide,
Fungicide, and Rodenticide Act [FIFRAj.
10/04/89: Konstandt Laboratories, Inc. and Felix Konstandt waived
indictment and were charged by an information with one count each of
knowingly and willfully making and using false documents, in
violation of 18 USC § 1001, knowing the documents contained false,
fictitious, and fraudulent statements and data. Konstandt Laboratories
and Konstandt allegedly caused false data and test results to be entered
on 19 "Results of Analysis" reports for tributyltin leaching studies
10/10/89: Both the company and defendant Konstandt entered guilty
pleas to the count charged in the information.
04/10/90: Defendant Felix Konstandt was sentenced to probation for 1
year, special condition that 30 days be served either under house arrest
or in a halfway house. Also, defendant was fined $1,000 and a special
assessment of $25.
John Joseph Melle
G89-142CR
(W.D Michigan)
Facts: John J. Melle was employed by Michigan Environmental
Recovery, Inc. (MER, Inc.). The company is in the business of
reclaiming industrial solvents.
10/05/89: The defendant was charged in an indictment with the
following counts:
One count of knowingly omitting material information on labels
required on certain barrels containing hazardous waste, by
removing the labels in violation of RCRA, Sec. 3008(d)(3) [42 USC §
6928(d)(3)]
One count of knowingly transporting barrels of hazardous waste
without the required manifest in violation of RCRA, Sec. 3008(d)(5)
[42 U.S.C.§ 6928(d)(5)]
One count of knowingly transporting hazardous waste, namely,
barrels of ignitible hazardous waste to an unpermitted facility, in
violation of RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)]
One count of failure to notify the U.S. Government of the release of a
quantity in excess of 100 pounds of an ignitible hazardous waste, in
violation of CERCLA, Sec. 103(b) [42 USC § 9603(b)]
123
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
John Joseph Melle
(cont from previous page)
01702/90: The defendant entered a guilty plea to one count of violating
RCRA, Sec. 3008(d)(l) [42 USC § 6928(d)(l)].
02/15/90: Melle was sentenced to serve 1 year imprisonment (with work
release privileges) and pay a special assessment of $50 to the Crime
Victim's Fund
Nicholas Pasquanello
89-6196
(S.D Florida)
Facts: Pasquariello is the major stockholder and officer of the 36th
Street Acquisition Corporation. The corporation owns property
(referred to as the 36th Street Site) located in Ft. Lauderdale, Florida.
Pasquanello was engaged in the business of demolition and disposal of
wastes, including demolition wastes, fill material, dredged spoil, soil,
garbage, discarded equipment, tires, wood, rock, sand, and industrial
wastes. The 36th Street Site contains two lakes.
10/13/89: The defendant was arrested and charged in a criminal
complaint with six counts of knowingly discharging or causing
pollutants to be discharged from a point source into waters of the United
States without a permit, in violation of the CWA, Sees. 301(a) and
309(c)(2)(A) [33 USC §§ 1311(a) and 1319(c)(2)(A)].
01/05/90: An indictment was filed charging the same defendant with
six counts of knowingly discharging, or causing to discharge, and
aiding and abetting the discharge of various pollutants, including fill
material, from a point source into the waters of the United States, in
violation of the CWA, Sees. 301(a) and 309(c)(2)(A) [33 USC §§ 131 l(a)
and 1319(c)(2)(A)]; and 18 USC § 2; and one count of knowingly,
willfully, and corruptly, directly or indirectly, giving, offering, and/or
promising U.S. currency to a public official with the intent of
influencing that public official to do an unlawful act (submitting an
application to the Corps of Engineers containing false information), in
violation of 18 USC §§ 201(b)(l)(A) and (b)(l)(C).
08/17/90: A superseding indictment was filed charging Pasquariello
with 15 counts including bribery, conspiracy, violations of IRS laws,
CWA, and ERISA.
01/03/92: Pasquariello pled guilty to four counts including bribery - 18
USC 201, IRS - 26 USC 7206, ERISA - 18 USC 1027, and CWA - 33 USC
1311 (a) and 1319(c)(2)(A).
04/23/92: Judge ordered defendant's guilty plea to be vacated and a trial
will be scheduled.
124
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No.,'Court
Facts and Status
R-M Industries, Inc
89-330-1
(D. South Carolina)
Facts. R-M Industries, Inc. is a South Carolina corporation located in
Rock Hill, South Carolina. R-M Industries is in the business of
chemical manufacturing.
11/01/89: On the same day, the corporation waived indictment and was
charged by an information filed with one count of willfully bypassing
treatment facilities and discharging wastewater directly into the
Catawba River, waters of the United States, in violation of an NPDES
permit and the CWA, Sec. 309(c)(l) [33 USC § 1319(c)(l)]; and one count
of knowingly violating terms of its NPDES permit in violation of the
CWA, Sec. 309(c)(2)(A) [33 USC § 1319(c)(2)(A)].
On the same day, the corporation pled guilty to all counts and was
sentenced to pay a fine of $150,000 (all but $50,000 suspended); ordered to
serve 2 years probation (on each count, to be served concurrently), and
pay a $300 special assessment to the Crime Victim's Fund.
A.C Limtiaco, Inc.
Antonio C. Limtiaco
89-00133
(D. Guam)
CR-90-00009
(D. Guam)
Facts: Antonio C. Limtiaco owned A. C. Limtiaco, Inc. and contracted
with the University of Guam to drain and dispose of a transformer
containing PCBs. The liquid containing PCBs was pumped into an
oil/water separator tank at the Cabras Island Power Plant.
11/09/89: Limtiaco and his company were each charged in a 10-count
indictment with: seven counts of unlawful disposal of PCBs, in
violation of TSCA, Sees. 15 and 16(b) [15 USC §§ 2614 and 2615(b)]; one
count of failure to notify of a release of a reportable quantity of a
hazardous substance without a permit, in violation of CERCLA 103(b) [42
USC § 96030))]; one count of conspiracy, in violation of 18 USC § 371; and
one count of making a false statement in violation of 18 USC § 1001.
01/24/90: The individual defendant, Antonio C. Limtiaco, pled guilty to
one count of making a false statement concerning a material fact, in
violation of 18 USC § 1001 (as charged in the indictment).
He was charged on the same day in an information with one count of
illegal disposal of PCBs, in violation of TSCA, Sees. 15 and 16(b) [15
USC §§ 2614 and 2615(b)]. On the same day, the defendant also pled
guilty to the count charged in the information. Upon sentencing, the
government agreed to dismiss seven counts charged against Antonio
Limtiaco in the indictment and agreed to dismiss all counts against the
corporation.
04/23/90: Defendant was sentenced with regards to the guilty plea to
count 10 of the indictment to a fine of $50,000 and 3 years probation to run
concurrently with the 3 years probation also imposed on the guilty plea
filed in regards to the information.
125
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Di Giorgio Corporation
(dba Guaranteed Products of Colorado)
89-CR-364
(D Colorado)
Facts: Di Giorgio Corporation is a Delaware corporation doing
business in Colorado as "Guaranteed Products" The corporation was
engaged in the business of manufacturing and selling aluminum
extrusion products and other aluminum parts and products such as
window frames and doors. These products are sold and shipped
throughout the United States. The corporation is located in Henderson.
Colorado.
11/15/89: The corporation waived indictment, agreed to plead guilty,
and was charged in a two-count information with knowing storage and
disposal of hazardous wastes, including RCRA-listed corrosive and
ignitible wastes, in violation of RCRA, Sec. 3008(d)(2) 142 USC
§ 6928(d)(2)].
The corporation agreed to pay a $40,000 fine and spend $452,670 on
remedial and compliance measures ordered by a compliance order
with the State of Colorado Department of Health. The Henderson
facility is no longer in operation.
12/01/89: The plea agreement was accepted and entered.
02/16/90: The defendant, Di Giorgio Corporation, doing business as
Guaranteed Products of Colorado, was sentenced to pay a $40,000 fine
and pay a $400 special assessment to the Crime Victim's Fund
Phil J. Lambert, Jr
CR 89-53-1-L
Phil J. Lambert, Inc.
CR89-53-2-L
(D New Hampshire)
Facts: Phil Lambert, Jr. was president of Phil Lambert, Inc., a business
located in Colebrook, New Hampshire. The business owned property,
which included Beaver Brook and wetlands. The brook supported a
high quality native brook trout fishery.
11/27/89: After waiving indictment and entering a guilty plea, Phil
Lambert, Jr. and his company were each charged in an information
with one count of conspiracy to knowingly, intentionally, and
unlawfully cause pollutants to be discharged into waters of the United
States (wetlands on the company's property) without a permit, in
violation of the Clean Water Act, Sec. 309(c)(2)(A) [33 USC
§ 1319(c)(2)(A)l; all in violation of 18 USC § 371.
01/22/90: Phil Lambert, Jr. was sentenced to serve 2 years
imprisonment (all suspended) and placed on 2 years probation. His
company was placed on 2 years probation. The court waived a fine of
$20,000 at sentencing in consideration of $100,000 spent by Lambert to
restore the site. Lambert also agreed to donate 5 pristine acres of land to
the state of New Hampshire as restitution. Each defendant was ordered
to pay a $50 assessment to the Crime Victim's Fund.
126
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No /Court
Facts and Status
David Cohen
John Meighan
JFM-89-0468
(D Maryland)
Facts: John Meighan was the owner and president of Capital Assay
Laboratories, Ltd., a small precious metals reclaiming business The
business is located in Baltimore City, Maryland. David Cohen was the
previous owner and principal chemist of Capital Assay Laboratories
12/01/89: An information was filed charging John Meighan with one
count of knowing and willful illegal storage and disposal of hazardous
waste (including mercury, lead, cadmium, and drums of hydrochloric
acid mixed with cyanide), in violation of RCRA, Sec. 3008(d)(2)(A) [42
USC § 6928(d)(2)(A)]. On the same date, David Cohen was charged in
an information with the same count charged to Meighan. Cohen agreed
to plead guilty to the charge.
12/11/89: Defendant Meighan entered a guilty plea to one count of
violating RCRA.
12/14/89: Defendant Cohen entered a guilty plea to one count of
violating RCRA.
03/01/90: Defendant Meighan was sentenced to serve 3 years
imprisonment. Defendant Cohen was sentenced to serve 2 years and 9
months imprisonment. Additionally, each defendant was ordered to
pay a special assessment of $50 to the Crime Victim's Fund.
U S Plating Corporation
Pioneer Plating Co., Inc.
Robert Alley
89-CR-1008
(N D. Illinois)
Facts: Robert Alley was the president and owner of U.S. Plating
Corporation (U.S. Plating) located in Chicago, Illinois. U.S. Plating
was in the business of electroplating various metals by applying
cadmium, zinc, nickel, brass, and copper metal surfaces onto metal
parts. The electroplating operations resulted in the discharge of
wastewaters into the sewer system, which conveyed the pollutants into
the POTW, which in turn discharges into the Chicago Sanitary and
Ship Canal, a navigable water of the United States.
Robert Alley also was the president and owner of Pioneer Plating Co ,
Inc. (Pioneer Plating), also located in Chicago. The company was
engaged in the business of electroplating various metals onto metal
parts. The company discharged wastewaters including wastewaters
containing cadmium, cyanide, chromium, copper, lead, nickel, and
zinc, into the public sewer system, which conveyed pollutants into a
POTW that discharges into a navigable water of the U.S., the Chicago
Sanitary and Ship Canal.
12/04/89: A federal grand jury returned an indictment against Robert
Alley, U.S. Plating, and Pioneer Plating, charging them with the
following:
127
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No/Court
Facts and Status
U S Plating Corporation
(cont from previous page)
Robert Alley was charged with 75 counts of willfully and
negligently operating a facility (U S. Plating) in violation of
pretreatment standards by negligently discharging wastewater,
including industrial wastewater resulting from electroplating
operations, in violation of the CWA, Sees. 307(b) and (d), and
309(c)(l) [33 USC §§ 1317(b) and (d), and 1319(c)(l)]
Six counts of knowingly operating a facility (Pioneer Plating) in
violation of pretreatment standards, in violation of the CWA
Sees. 307(b) and (d) and 309(c)(2) [33 USC §§ 1317(b) and (d), and
Pioneer Plating was charged with three counts of willfully and
negligently discharging wastewater into navigable waters of the
U.S., in violation of the CWA Sees. 307(b) and (d), and 309(c)(l)
[33 USC §§ 1317(b) and (d), and 1319(c)(l)]; and six counts of
knowingly discharging wastewaters into navigable waters of the
U.S. in violation of the CWA, Sees. 307(b) and (d), and 309(c)(2)
[33 USC §§ 1317(b) and (d), and 1319(c)(2)].
U.S. Plating was charged with 72 counts of willfully and
negligently discharging wastewaters into a navigable water of the
U.S., in violation of the CWA, Sees. 307(b) and (d), and 309(c)(l) [33
USC §§ 1317(b) and (d), and 1319(c)(l)].
05/31/90- A superseding indictment was filed by a special grand jury
charging defendants with 81 counts of CWA violations relating to
discharging toxic pollutants into a public sewer system and eventually
into a navigable water of the U.S.
06/11/90: The court denied motion to dismiss superseding indictment.
11/13/90: U.S. Plating Corporation Inc. pled guilty to two counts of the
indictment - 33 USC 1317(b) and 1319(c)(l). U.S. Plating was fined
$30,000 for each count (concurrent) for a total of $30,000, plus $400 special
assessment. Pioneer Plating Co. pled guilty to two counts of the
indictment • 33 USC 1317(b)&(d) and 1319(c)(2) and was fined $20,000 on
each count (concurrent) for a total of $20,000, plus $400 special
assessment. Charges against Robert Alley were dismissed as the plea
agreement resolved all charges against companies and Mr. Alley.
128
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Raymond T Bnttain
Robert C Coble
CR-89-283-P
(WD Oklahoma)
Facts: Raymond Brittam was employed by the City of Enid, Oklahoma,
as the Superintendent of the Public Utilities Department. Robert Coble
was also employed by the City of Enid, as the Water Pollution Control
Plant Supervisor.
12/12/89: Both defendants were charged in an indictment with 30 counts
of knowingly and negligently discharging pollutants (raw sewage)
into Boggy Creek, a navigable water of the United States, in violation of
the CWA, Sees. 301(a), 309(c)(l) and (c)(3) [33 USC §§ 1311(a), and
1319(c)(l) and (c)(3)]
Eighteen counts of falsifying discharge monitoring reports (DMRs), in
violation of 18 USC 1001.
01/24/90: Defendant Robert Coble pled guilty to one count charged in an
information filed on the same day, charging him with one count of
willfully and negligently failing to report an unauthorized discharge
of raw sewage into Boggy Creek, in violation of the City of Enid's
NPDES permit and the CWA, Sees. 301(a), 1319(c)(l) and (c)(3) [33 USC
§§ 1311(a) and 1319(c)(l) and (c)(3)]. Coble also pled guilty to one count
of making false statements charged previously in the indictment (see
comment of 12/12/89).
03/06/90: Defendant Brittain was convicted of 18 counts of making false
statements and two counts of violating the Clean Water Act.
03/27/90: Defendant Coble was sentenced to serve 5 years imprisonment
(all but 4 months suspended) and 5 years probation.
05/31/90: Defendant Brittain was sentenced to 1 year imprisonment on
each count (20) to run concurrently. The defendant was also sentenced
to pay a special assessment on each count equaling a total sum of $950.
06/90: Brittain appealed his sentence.
05/03/91: Final opinion of the Tenth Circuit Court of Appeals upheld all
convictions. Brittain is to serve balance of his prison sentence.
129
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No /Court Facts and Status
Control Sewer and Pipe Cleaning Facts1 Control Sewer and Pipe Cleaning (aka Control Disposal
(aka Control Disposal Company, Inc.) Company, Inc., hereinafter Control Disposal) was engaged in the
Steve Charo ownership, management, and operation of cleaning industrial and
Herman Goldfaden commercial grease and sandtraps of liquid wastes and other types of
CR3-89-362(R) wastes. The company used tank trucks equipped with vacuums to
(N.D. Texas) remove and transport wastes for disposal. Herman Goldfaden was
treasurer and director of the company. Steve Charo was the foreman at
the company between November 1988 until December 1989.
12/13/89: The company and two individuals were each charged in an
indictment with:
One count of conspiracy, in violation of 18 USC § 371;
In the same indictment, Goldfaden and Charo were additionally
charged with:
Charo with one count and Goldfaden with six counts of
knowingly violating pretreatment standards and knowingly
discharging or causing to be discharged, pollutants (industrial
wastes) into private sewer systems leading into the City of
Dallas, Texas Waste Water Treatment Plant, which is a
POTW, all in violation of the CWA, Sec.309(c)(2)(A) [33 USC
§ 1319(c)(2)(A)l
Goldfaden with one count of knowingly discharging pollutants,
including a hazardous substance, which defendant knew and
reasonably should have known, could cause personal injury
and property damage, in violation of the CWA, Sec. 309(c)(2)(B)
[33USC§1319(cX2)(B)l
Goldfaden with six counts of knowingly omitting and causing
omission of material information and making false statements
in manifests by describing transported hazardous wastes (a
lead contaminated caustic solution and a spent halogenated
solvent containing methylene chloride) as nonhazardous waste
oil water and sludge, in violation of RCRA, Sec. 3008(d)(3) [42
USC § 6928(d)(3)]
Goldfaden with one count of knowingly disposing of and
causing hazardous wastes to be disposed without having
obtained a permit or interim status, in violation of RCRA, Sec.
3008(d)(2)(A) [42 USC § 6928(d)(2)(A)]
Goldfaden with five counts of knowingly transporting and
causing a hazardous waste (a lead contaminated caustic
solution) to be transported without a manifest, in violation of
RCRA, Sec. 3008(d)(5) [42 USC § 6928(d)(5)]
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Control Sewer and Pipe Cleaning
et al
(cont from previous page)
09/21/90. Steve Charo pled guilty to a 1-count superseding information
charging negligently causing to be discharged from a vehicle used to
transport industrial waste, into a private sewer facility, in violation of
the CWA - 33 USC 1319(c)(l)(A).
10/05/90: Herman Goldfaden pled guilty to one count (count 7) of the
indictment. Control Sewer & Pipe Cleaning, Inc. pled guilty to counts 7
and 13. The U.S. dismissed all other charges.
03/26/91: Charo was sentenced to 3 years supervised probation and to
pay supervision fee ($96.66/month), and cannot possess a firearm
during that time, plus a special assessment of $25.
07/16/91: Goldfaden was sentenced to 3 years in prison, 1 year of
supervised release, a fine of $75,000, and a special assessment of $50.
After release, he was restricted from any employment related to waste
management. Control Sewer was sentenced to a fine of $1 million and
a special assessment of $200. United States v. Goldfaden. Criminal No.
3-89-362-R.
04/22/92: Fifth Circuit determined that the government had violated a
condition in the plea agreement, vacated the sentence, and remanded
the case for resentencing. Although the Court vacated Goldfaden's
sentence, they did rule favorably to the government on application of the
sentencing guidelines. United States v. Goldfaden. 959 F. 2d 1324 (5th
Cir. 1992).
07/23/92: Goldfaden was resentenced to 33 months in prison, 1 year of
supervised release, a fine of $75,000, and a special assessment of $50.
After release, he was restricted from any employment related to waste
management.
03/17/93: Fifth Circuit denied Goldfaden's appeal challenging a four-
point offense level increase for disposal without a permit and a two-
point level increase for obstruction of justice. United States v.
Goldfaden. 987 F. 2d 225 (5th Cir. 1993).
131
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendants/Docket No/Court
Facts and Status
Inman & Associates, Inc
C-90-29
John McMichen
C-90-30
(S.D Texas)
Facts: John McMichen was vice president of Inman & Associates, Inc ,
a South Carolina corporation engaged in the business of general and
electrical construction, including handling PCBs and items
containing PCBs, such as electrical capacitors. Inman & Associates
entered into a contract with the U.S. Department of the Navy to replace
an electrical switching station at the Naval Air Station in Corpus
Christi, Texas. The contract included the removal and replacement of
PCB capacitor parts of the switching station.
OL/24/90: Defendant McMichen was charged in an information with
one count of knowingly and willfully disposing liquid PCBs from PCB
capacitors by disposing them on the ground at the Naval Air Station,
Corpus Christi, Texas, in violation of TSCA, Sees. 15(l)(c) and 16(b) [15
USC §§ 2614(l)(c) and 2615(b)].
Inman & Associates, Inc. was charged in a separate information
filed on the same date to one count of failure to notify of the release of
a hazardous substance, in violation of CERCLA, Sec. 103(b) [42 USC
§ 9603(b)].
01/25/90: Both the individual and the corporation each pled guilty to the
count charged to them on the previous day.
04/06/90: Defendant McMichen was sentenced to a fine of $5,000, plus
$25 special assessment. McMichen was not sentenced under the
Sentencing Guidelines as violation occurred prior to 11/01/87. The
corporation was fined $80,000 ($40,000 suspended) to be paid in three
equal installments yearly beginning 04/13/90 and the final payment
due 04/13/92. The corporation was also placed on 3 years supervised
probation and fined $200 special assessment.
132
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No/Court
Facts and Status
Aerolite Corporation
Arthur Thomas
N-90-6-HDM
(D Nevada)
Tony George Zulim
CR-N-90-55-HDM
(D Nevada)
Facts. Arthur Thomas was the principal owner and chief executive of
Aerolite Corporation. The company was in the business of
electroplating and metal finishing located in Reno, Nevada. The
company's industrial processes included electroplating and the
refinishing of various products, including handguns and auto parts
The processes produced wastewater containing significant levels of
toxic pollutants including cyanide, lead, cadmium, chromium, copper,
nickel, zinc, and other metals associated with electroplating.
02/06/90: A federal grand jury in Reno, Nevada returned an 11-count
indictment against Aerolite Corp. and its owner, Arthur Thomas. The
corporation and Thomas were each charged with 11 counts of
knowingly and negligently discharging pollutants into a POTW in
violation of its permit, pretreatment standards, and the CWA, Sees.
307(d) and 309(c)(2)(A), [33 USC §§ 1317(d) and 1319(c)(2)(A)]. The
indictment alleges that Aerolite, under Thomas' direction, failed to
properly maintain and operate its pretreatment equipment and
knowingly and negligently discharged pollutants, including the
electroplating wastewaters, into a waste drainage system, which
drained into the Reno-Sparks, Nevada publicly owned treatment works
(POTW).
12/11/90: Aerolite Company was convicted by trial jury on 11 counts of
Clean Water Act violations. Arthur Thomas was acquitted on all
counts.
11/13/90: An information was filed charging Zulim with violations of
the Clean Water Act. Zulim was the shift supervisor at Aerolite Chrome
Plating, Reno, Nevada, when he allegedly dumped low-pH material
into the local POTW, in violation of the Federal Pretreatment
Standards - 33 USC 1317(d) and 1319(c)(2)(A).
12/14/90: Defendant Zulim pled guilty to the Clean Water Act violation,
as stated in the above information.
04/15/91: Defendant Zulim was sentenced to 36 months probation, $1,000
fine, and 250 hours of community service. Judge's comments were that
the defendant (Zulim) was not the primary polluter.
John Pizzuto
CR 190-014
Hasper Leggett
CR 190-015
(SD Ohio)
Facts: John Pizzuto was owner and officer of Spar Construction and
Development Company. Spar Construction, an Ohio corporation, was
formed to complete the demolition and salvage of the former Empire-
Detroit Steel Division facility located in New Boston, Ohio. John
Pizzuto also supervised and directed the demolition job which included
the disposal of transformers containing PCBs. Hasper Leggett drove
trucks for Spar Construction.
133
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No/Court
Facts and Status
John Pizzuto
Hasper Leggett
(cont. from previous page)
02/14/90: In two separate informations filed, defendant Pizzuto was
charged with one count of conspiracy, in violation of 18 USC § 371 and
Leggett was charged with one count of knowingly and willfully
disposing of PCBs, in violation of TSCA, Sec. 15 and 16(b) [15 USC
§§ 2614 and 2615(b)]. The informations were sealed by the court after
their Tiling.
03/02/90: Both defendants pled guilty to the counts charged by the
informations.
01/29/91: John Pizzuto was sentenced to 18 months imprisonment
(suspended), 5 years probation, and ordered to place $1 million in
escrow towards restitution and environmental clean-up costs at the Spar
site in New Boston, Ohio, and to pay $50 special assessment.
02/27/91: Hasper Leggett was sentenced to 12 months imprisonment
(suspended), 2 years probation, and a fine of $2,000, plus $25 to the
Comprehensive Crime Control Act.
Exxon Corporation
Exxon Shipping Corporation
A90-015CR
(D. Alaska)
Facts- Exxon Corporation is incorporated in the state of New Jersey.
Exxon Shipping Company is incorporated in the state of Delaware.
Exxon Corp. was the sole shareholder of Exxon Shipping Company. The
shipping company operated oil tankers to transport petroleum products
for Exxon Corp. The tanker, Exxon Valdez, was owned and operated by
the Exxon Shipping Co. Exxon Corp. set policies for Exxon Shipping Co.
On March 23, 1989, the Exxon Valdez departed the Port of Valdez,
Alaska carrying a load of 53 million gallons of crude oil bound for
Long Beach, California. The ship went off course in Prince William
Sound, ran aground on Bligh Reef, and discharged more than 10
million gallons of crude oil into the Sound. The oil migrated more than
700 miles from the reef and contaminated the waters and shorelines of
Prince William Sound, the Gulf of Alaska, Kenai Fjords National
Park, the Katmai National Park and Preserve, the Alaska Peninsula
National Refuge, the Becharof and Kodiak National Wildlife Refuges,
the lower Kenai Peninsula, the Barren Islands, Kodiak Island,
Shelikof Strait, and other parts of the Alaska Peninsula. The spill
caused the deaths of more than 36,000 migratory birds, including more
than 100 bald eagles; 1,000 sea mammals; and many other varieties of
wildlife.
02/27/90: Exxon Corporation and Exxon Shipping Co. were both charged
in an indictment with the following counts:
One count of negligently causing pollutants to be discharged from a
point source into navigable waters of the United States, Prince
William Sound, without a permit, in violation of the Clean Water
Act, Sees. 301(a) and 309(c)(l) [33 USC §§ 1311(a) and 1319(c)(l)];
134
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendants)/Docket NoVCourt
Facts and Status
Exxon Corporation
Exxon Shipping Corporation
(cont. from previous page)
One count of unlawfully discharging refuse (10 million gallons of
crude oil), from a ship (Exxon Valdez) into waters of the United
States (Prince William Sound), without a permit, in violation of the
Rivers and Harbors Appropriations Act (Refuse Act) of 1899, Sees 13
and 16 [33 USC §§ 407 and 411]
One count of killing migratory birds without a permit, m violation
of the Migratory Bird Treaty Act, Sees. 703 and 707(a) [16 USC §§ 703
and 707(a)l, and 50 CFR § 21.11
One count of willfully and knowingly failing to ensure that the
wheelhouse of the Exxon Valdez was constantly operated by persons
who directed and controlled the movement of the vessel, each of
whom was competent to perform that duty, in violation of the Ports
and Waterways Safety Act of 1972 [33 USC § 1232(b)(l)] and 33 CFR
§164.11(b)
One count of willfully and knowingly violating the Dangerous
Cargo Act [46 USC § 3718(b)] and 46 CFR § 35.05-20, by employing
and causing persons to be working on the tanker crew of the Exxon
Valdez, knowing that those persons were physically and mentally
incapable of performing the duties assigned to them
03/13/91: Defendants entered into plea agreement on one count of
indictment, Migratory Bird Act - 16 USC 703 and 707(a).
04/24/91: Federal judge in Anchorage, Alaska rejected the criminal
plea agreement due to his belief that the agreed fine amounts were not
commensurate with egregiousness of the offense.
10/08/91: Exxon Corporation pled guilty to one count in violation of the
Migratory Bird Act - 16 USC 703/701 and was fined $25,000,000 (remitted
to $5,000,000), plus $25 special assessment. Exxon Shipping pled guilty
to three counts in violation of the Migratory Bird Act (16 USC 703/701)
and the Refuse Act (33 USC 407/411) and was sentenced to a fine of
$125,000,000 (remitted to $20,000,000) plus $75 special assessment. In
addition, both companies were sentenced to pay restitution jointly and
collectively as $50,000,000 to the state of Alaska and $50,000,000 to the
federal government.
135
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Envirosure Management Corp., Inc.
Envirosure Marketing, Corp.
(aka Envirosure Marketing and Sales)
Environmental Services Assoc., Inc.
Frontier Chemical Waste Process, Inc.
Cataract Industrial Warehousing and
Transportation, Inc. (aka Cataract
Industrial Warehousing)
CR-90-00025C
(W D New York)
Facts: Envirosure Management Corporation (hereinafter EMC) was a
business incorporated in the state of New York, with offices located in
Niagara Falls, and in the business of hazardous and nonhazardous
waste disposal services. EMC had wholly-owned subsidiaries known
as Envirosure Marketing Corp. and Environmental Services
Associates, Inc. (hereinafter ESA). ESA was the parent of two wholly-
owned subsidiaries, Frontier Chemical Waste Process, Inc
(hereinafter Frontier) and its affiliate corporation, Cataract Industrial
Warehousing and Transportation, Inc. (hereinafter Cataract)
02/13/90: The five corporations were all charged in an indictment with
the following counts:
Nine counts of knowingly and unlawfully making or causing a
false material statement and representation on a manifest
identifying hazardous wastes, as required by 40 CFR §261.30, and in
violation of RCRA, Sec. 3008(d)(3) [42 USC § 6928(d)(3)]
Eight counts of making false statements, in violation of 18 USC
§ 1001; and one count of conspiracy, in violation of 18 USC § 371
07/26/90: Superseding indictment (90-25C) was returned.
02/26/92: Frontier Chemical Waste Process, Inc. pled guilty to one
count RCRA violations - 42 USC 6928.
Great Western Inorganics, Inc.
Roger W Vernon
90-CR-61
(D. Colorado)
Facts: Great Western Inorganics, Inc., a Colorado corporation, is
engaged in the business of manufacturing and processing chemicals
including mercury oxide, arsenic trichloride, and experimental metal
salts. The corporation is located in Golden, Colorado. Roger W
Vernon was the president and an owner of the corporation.
02/21/90: The corporation and Roger Vernon were charged in an
information with the following counts:
Roger Vernon - with two counts of being an accessory by making
false statements regarding Great Western Inorganics, Inc
generating and storing hazardous wastes without a permit or
interim status in violation of RCRA, Sec. 3008(d)(3) [42 USC
§ 6928(dX3)], and 18 USC § 3
Great Western Inorganics, Inc. - with four counts of knowingly
storing, treating, and disposing of hazardous wastes without a
permit or interim status, in violation of RCRA, Sec. 3008(d)(2)(A)
[42 USC § 6928(d)(2)(A)]
136
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket NoVCourt
Facts and Status
Great Western Inorganics, Inc.
tcont from previous page)
02/27/90' Both defendants pled guilty to all counts charged in the
information.
04/19/90: Defendant Vernon was sentenced, on the two counts charged,
to 2 years probation, 100 hours of community service, a fine of $125,000,
and a special assessment of $100. The corporation was sentenced, on the
four counts charged, to 5 years probation, fined $200,000 on each count
($800,000), with all but $25,000 per count ($100,000) suspended on the
condition of full compliance with the cleanup plan and that it pays for
said cleanup. A special assessment of $800 was also ordered.
Cnttenden Conversion Corp
CR-90-75Z
(W D. Washington)
Facts: Cnttenden Conversion Corporation is a business located m
Preston, Washington. In August 1989, 21 drums were found in a wooded
area of Preston. Three of the drums contained ignitable hazardous
wastes and required a manifest, containing a description of the
hazardous waste.
03/07/90- The corporation waived indictment and agreed to enter a
guilty plea to one count to be charged in a forthcoming information
The corporation agreed to pay a $25,000 fine, restitution to the
Washington State Dept. of Ecology in the amount of $15,387.89, and
storage and disposal costs estimated at $2,330.36. The plea agreement
also includes a provision for the dismissal of a civil case involving
Cnttenden Corp. pending in the same court, the U.S. District Court,
Western District of Washington.
03/20/90: An information was filed charging the corporation with one
count of causing hazardous wastes to be transported without manifests,
in violation of RCRA, Sec. 3008(d)(5) [42 USC § 6928(d)(5)]. The
corporation entered a guilty plea to the count charged on the same day.
05/03/90: The corporation was sentenced to pay fines of $25,000 and
approximately $17,718.25 to the Washington State Dept. of Ecology for
the costs associated with cleanup, transportation, storage, and disposal
of all drum material generated by defendant.
Louisville Edible Oil Products, Inc.
(aka Louisville E.O.P., Inc.)
Presidential, Inc.
Frank Reed Metts
A. Dean Huff
Raymond Carl Marrillia, Jr.
(aka Sammy Marrillia)
CR90-00048-L(B)
(WD. Kentucky)
Facts: Louisville Edible Oil Products, Inc. (LEOP) is a Kentucky
corporation doing business producing oils such as salad oils and
margarine. Presidential, Inc., also a Kentucky business, is in the
construction and demolition arm of Louisville E.O.P., Inc. Frank R.
Metts was CEO and controlling stockholder of LEOP. A. Dean Huff
was director and later president of Presidential. Raymond C.
Marrillia, Jr. was a director and sec./treas. of Presidential. Mr
Marrillia was also employed at LEOP as a construction manager and
then vice president for Facilities Management.
137
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Louisville Edible Oil Products, Inc.
(cont from previous page)
The two corporations and three individuals have been charged with
violating CERCLA and the CAA when renovating buildings in
Louisville, Kentucky.
04/19/90: A federal grand jury in Louisville, Kentucky returned a
nine-count indictment charging:
LEOP, Presidential, Raymond Carl Marrillia, Jr., A. Dean Huff,
and Frank Reed Metts with violations of emitting an air pollutant,
CAA, Sec. 112(c)(l)(B) [42 USC § 7412(c)(l)(B), (e)(l) and (e)(5); and
7413(c)(l)(C)l; and CERCLA 42 USC 9630(b), failure to notify of
release of a reportable quantity of a hazardous substance (asbestos)
John C Auten
90-8032
(S D. Florida)
Facts: John C. Auten owned and operated a used tire business in West
Palm Beach, Florida.
04/13/90: An information was Tiled charging Auten with knowingly
discharging pollutants (automobile tires) twice weekly during the
period from 02/05/81 to 10/87, from a point source into the West Palm
Beach Canal violating the Clean Water Act - 333 USC 1311(a) and
1319(c)(2)(A).
04/19/90: Auten entered a plea agreement whereby he plead guilty to the
information.
07/30/90: John C. Auten was sentenced to 3 years probation. Special
conditions of the probation are that Auten is to make full restitution in
the sum of $16,829.88 to Southern Flonda Water Management under the
direction of the probation office. Further ordered, Auten is to perform
100 hours of community service for each year of probation through the
Southern Florida Water Management District or Environmental
Agency, as determined by the probation office. Also, Auten is to pay a
special Assessment of $50.
Paul Tudor Jones II
S-90-0216
(D. Md.)
William B. Ellen
S-90-0215
(D. Maryland)
Facts: Paul Tudor Jones II was either President or CEO of Tudor
Investment Corp. which engaged primarily in the business of money
management. Between 08/24/87 to 11701/89 (approximately) Tudor
Investments purchased over 3,200 acres of land in Dorchester County for
the purpose of developing a private hunting ground, hereinafter known
as Tudor Farms. William B. Ellen was the project manager of the
Tudor Farms site.
05/23/90: Defendant William B. Ellen was charged in a seven-count
indictment with violations of the CWA Sec. 301(a) and 309(c)(2)(A) [33
USC §§ 1311(a) and 1319(cX2)(A)]; also [33 USC §§ 403 and 406]; [18 USC
§2].
138
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket NoVCourt
Facts and Status
Paul Tudor Jones II
William B Ellen
(cont from previous page)
05/31/90. Defendant Jones plead guilty to one count of violating the
CWA and was sentenced to 18 months probation, terms of which include
the restoration of 2,500 acres at Tudor Farms and is prohibited from the
hunting of migratory game birds or waterfowl during 1990 and 1991
Defendant was fined $1 million plus $25 special assessment and shall
also pay restitution of $1 million to the National Fish and Wildlife
Foundation (all payable within 30 days of the sentencing date)
06/15/90: Defendant Ellen pled not guilty to charges. Trial scheduled
for week of 12/03/90.
01/05/91: William B. Ellen was convicted by trial jury on Five of six
felony counts charged in the indictment.
04/15/91: Ellen was sentenced to 6 months imprisonment for each of
five counts to run concurrently (actual 6 months imprisonment), 12
months probation with 4 months of that to be served as home detention,
$250 special assessment, and 60 hours of community service.
J&J Investments
90-80481
(E.D. Michigan)
Facts: J&J Investments operated a laundromat on Round Lake Road in
Union Lake, Michigan. J&J was required to comply with an EPA
permit when discharging wastewater into an underground injection
well. J&J falsified the reports that it submitted to EPA.
06/02/90: One count information filed charging violations of the Safe
Drinking Water Act [42 USC 300h-2(b)] submitting materially falsified
laboratory analyses to U.S. EPA.
06/21/90: J&J entered a guilty plea in federal court.
08/27/90: J&J sentenced to pay a fine of $13,429 within 120 days, plus a
special assessment of $200.
Michael Levine
90-CR-172
(D. Colorado)
Facts: Michael Levine wned and operated a company known as M&L
Supply, Inc. which was located in the state of Colorado and which sold
chemical products.
06/11/90: Indictment returned charging Levine with 57 counts of
violation of 18 USC 1341 and 1342 and two counts of 18 USC 2 and 1014 of
false and fraudulent representation to customers of chemical products.
04/18/91: Levine was convicted by trial jury of 56 counts of the
indictment.
11/08/91: Levine was sentenced to 18 months imprisonment, 36 months
probation, and $2,800 special assessment.
139
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket NoVCourt
Facts and Status
Gary A. Keating, Sr
90-262-M-4
(E D Louisiana)
Facts: Keating constructed a concrete jetty and retaining wall in Lake
Pontchartrain extending from property he owned along the lakeshore in
St. John the Baptist Parish without a permit.
06/29/90: Three-count indictment filed charging Gary A. Keating, Sr
with violating the Clean Water Act and Rivers and Harbors Act - 33
USC 1311(a) and 1319(c)(2)(A); 33 USC 407 and 411; and 18 USC 2
10/10/90: Keating was sentenced to three concurrent 8-month prison
terms (to serve 8-months imprisonment) and to 1 year probation upon
release from prison. No fine was imposed in accordance with his plea
agreement; $125 special assessment was ordered.
Bert Michael Willard
(aka Mike Willard)
90-407M
(W.D Washington)
CR-90-196
Facts: Bert Michael Willard had been hired to clean out a warehouse.
He was charged and pled guilty to dumping asbestos and other toxic
materials near a dirt road in Maple Valley.
07/12/90: Willard arrested on complaint charging the failure to provide
immediate notice of release of a hazardous substance, knowing
disposal of a hazardous waste (asbestos and PCBs) without a permit, and
unlawful disposal of PCBs. Violations are of RCRA, CERCLA, and
TSCA: 42 USC 6928(d)(2)(A), 9603(b), and 15 USC 2614(l)(c) and 2615(b).
07/30/90: One-count information filed charging CERCLA violations of
failure to notify on release of hazardous substance into the
environment, 42 USC 9603(b).
07/31/90: Willard entered guilty plea to one count information.
01/16/91: Willard was sentenced to 6 months home detention, 5 years
probation, 200 hours community service, and to pay $15,000 restitution
and $50 to the Crime Victim's Fund.
Stewart Roth
HCR90-0069
(N D Indiana)
Facts: Stewart Roth was former superintendent for the Sanitary District
for the City of Hammond, Indiana which operated a wastewater
treatment plant subject to an NPDES permit.
07/13/90: A four-count information was filed charging Stewart Roth
with making false statements regarding the NPDES permit - 18 USC
1001.
07/13/90: Stewart Roth entered a plea of guilty to the information as
charged.
140
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Robert E Morrison
Jay L. Barnett
CR 90-280-TUC
(D. of Arizona)
Facts: Hughes Aircraft Co. was a defense contracting corporation
doing business m Arizona. Hughes operated U.S. Air Force Plant No
44 in Tucson, Arizona, a facility which generated, treated, stored, and
disposed of hazardous waste in the process of manufacturing guided
missiles and other sophisticated weapons systems. Robert E Morrison
was a supervisory employee of Hughes and had responsibility for waste
operations and environmental compliance matters at Air Force Plant
No. 44. Jay L. Barnett was a supervisory employee of Hughes who
worked at the Industrial Wastewater Treatment Plant on Air Force
Plant No.44.
08/01/90 - Morrison and Barnett were charged with a five-count
indictment alleging conspiracy to defraud EPA, RCRA false statement,
Aid and Abet, and false statement - 18 USC 2, 1001, and 371, and 42 USC
6928(d)(3).
02/07/92: Barnett and Morrison pled guilty to one count which included
charges of conspiracy (18 USC 371) and RCRA violations (42 USC
6928(d)(3).
05/15/92: Barnett was sentenced to pay a fine of $4,000, 48 months
probation, and 400 hours community service. Morrison was sentenced
to a fine of $5,000, 48 months probation, and 400 hours community
service.
Samuel T. Alcus, III
Carson Hay
AEI-KAARS Drilling Ventures
AEI-KAARS Production Co.
Carson Associates, Inc.
90-12-S
(E D Kentucky)
Facts: Samuel T. Alcus is an individual who resides in New Orleans,
Louisiana and who was the general partner of AEI-KAARS Drilling
Ventures and the President of AEI-KAARS Production Company
Carson Hay is an individual who resides in Ashland, Kentucky and is
the President of Carson Associates, Inc. AEI-KAARS Drilling
Ventures is a limited partnership engaged in the production and
recovery of oil and gas which operates in Magoffin County Kentucky.
AEI-KAARS Production Company is a Kentucky corporation engaged
in the production and recovery of oil and gas which operates in
Magoffin County, Kentucky. Carson Associates, Inc. is a Kentucky
corporation which provided daily operation and maintenance service to
oil and gas operators, including AEI-KAARS Drilling Ventures and
AEI-KAARS Production Company.
08/01/90: A six-count indictment was filed charging that the
defendants, aided and abetted by each other, knowingly discharged a
pollutant in violation of the Clean Water Act. - 33 USC 1311(a) and
1319(c)(2XA),andl8USC2.
141
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendants/Docket No /Court
Facts and Status
Samuel T. Alcus, III
(cont from previous page)
10/23/90: Samuel T. Alcus, III and AEI-KAARS Production Company
pled guilty to a 1-count information charging negligently discharging
brine from a point source into Birch Branch - a navigable water of U S ,
without a permit during operation of his wells, in violation of the Clean
Water Act - 33 USC 1311(a) and 33 USC 1319(c)(l)(A). The government
will dismiss charges against AEI-KAARS Drilling Ventures, a limited
partnership.
11/13/90: Carson Hay and Carson Associates, Inc. were acquitted by
trial jury on all counts.
02/01/91: Samuel T. Alcus, III was sentenced to pay a $10,000 fine, plus
$25 special assessment, and 3 years unsupervised probation; $5,000 was
suspended so that Alcus could pay restitution of $5,000 to the Kentucky
Hazardous Waste Management Fund. AEI-KAARS Production
Company was fined $100,000, plus $200 special assessment, with $50,000
suspended so that the company could pay $50,000 restitution to the
Kentucky Hazardous Waste Management Fund.
02/06/91: Pursuant to the plea agreement filed on 10/23/90, charges were
ordered dismissed as to defendant AEI-KAARS Drilling Ventures.
Sanchez Enterprises, Inc.
General Metals Fabricators, Inc.
Joseph P Sanchez
Jean P Sanchez
(aka John Sanchez)
Gale E. Dean
2-90-101
(E.D Tennessee)
Facts: Sanchez Enterprises, Inc. is an Ohio corporation located in
Mansfield, Ohio and has been in business of producing automotive and
military metal parts. General Metal Fabricators, Inc. operated a plant
in Erwin, Tennessee and was a division of Sanchez. It generated
hazardous wastes as defined by federal and state regulations. Joseph P.
Sanchez was president of Sanchez Enterprises and had overall
responsibility for the operation of General Metal Fabricators, Inc. John
Sanchez was an officer of Sanchez Enterprises and was involved in
overall operation of General Metal Fabricators, Inc. Gale Dean was a
production manager for General Metal Fabricators, Inc.
09/25/90: A five-count indictment returned by federal grand jury in
Greenville, Tennessee charging felony criminal environmental
crimes. It is alleged the defendants conspired to and violated
provisions of the Resource Conservation & Recovery Act (RCRA)
relating to storage and disposal of hazardous wastes - 42 USC
6928(dX2)(A) and 6928(d)(4), and 18 USC 2 and 371.
06/29/91: Gale Dean was convicted on five counts of violations of RCRA
and conspiracy.
07/30/91: Charges against Joseph Sanchez and Jean Sanchez were
dismissed.
08/05/91: Dean was sentenced to 40 months imprisonment. Dean
appealed this sentenced.
142
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No /Court
Facts and Status
Sanchez Enterprises, Inc.
(cont from previous page)
Clyde Griffith
CR 2-92-15
08/22/91: Sanchez Enterprises, Inc. pled guilty to one felony count of
illegal disposal of hazardous waste [42 USC 6928(d)(4)] and was
sentenced to a fine of $150,000 of which $25,000 is to be paid into an
environmental fund for the state of Tennessee. Charges against
General Metals (Division of Sanchez) were dismissed in plea
agreement.
03/24/92: Clyde Griffith (Plant manager for General Metal
Fabricators, Inc.) was charged and pled guilty to a one felony count
information for illegal storage of hazardous waste - 42 USC
6928(d)(2)(A).
Tracy Westfall
CR 2-90-176
(S.D. Ohio)
Facts: Tracy Westfall owned and operated a machine shop and scrap
business in Columbus, Ohio using the name Machine Design.
09/27/90: Two-count indictment filed charging Westfall with
knowingly and willfully disposing of PCBs in an unlawful manner in
violation of TSCA - 15 USC 2614 and 2615(b). Westfall was also charged
with CERCLA violations - failure to notify, 42 USC 9603(b).
08/09/91: Westfall pled guilty to one count of CERCLA violations
USC 9603(b).
12/04/91: Westfall was sentenced to 12 months imprisonment.
42
Mark Irby
90-180
(D. South Carolina)
Facts: Mark Irby, former plant manager for the Lower Reedy
Wastewater Treatment Plant in Greenville County, South Carolina,
was engaged in the treatment of residential and industrial waste water
and discharged treated wastewater into the Lower Reedy River. It was
alleged that Mark Irby directed unlawful discharges into the Lower
Reedy River in violation of the NPDES permit.
05/03/90: Mark Irby was charged in a six-count indictment for
violating the Clean Water Act - 33 USC 131 Ha), 1362 and 1319(c)(2)(A).
07/11/90: Mark Irby was convicted on all six counts of an indictment
for violating federal environmental laws under the Clean Water Act.
11/28/90: Irby was sentenced to 33 months imprisonment on each of six
counts to run concurrently (to serve 33 months), $300 special assessment
($50 per count), and 12 months probation on each of three counts to run
concurrently.
12/28/90: Appeal filed.
143
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Charles A. Hassler
90-58-CR-ORL-18
(M.D. Florida)
Facts: Charles Hassler is a former public works director and city
engineer of Longwood, Florida. The City of Longwood was previously
assessed a civil fine in an administrative action by the state of Florida
This was the First Land Ban Restriction (RCRA) conviction in the
nation.
05/16/90: A two-count indictment was filed charging Charles Hassler
with violations of Resource Conservation and Recovery Act regarding
illegal disposal of hazardous waste - 42 USC 6928(d)(2)(A) and
violations of CERCLA, failure to notify of the release of a hazardous
substance - 42 USC 9603(bX3).
08/23/90: Hassler signed a plea agreement for one count RCRA
charges.
11/21/90: Hassler was sentenced to 3 months community confinement
and $500 fine, plus $50 special assessment.
John Charles Nelson
Court #
(Superior Court of Washington
for King County)
Facts: John Charles Nelson, owner/operator of John's AAA Waste Oil,
allegedly was in the business of picking up hazardous waste from a
number of generators who paid for legal and proper disposal. However,
Nelson dumped hazardous waste illegally along a highway in the state
of Washington.
05/17/90: Charges of one count of first degree theft and one count of
attempted first degree theft were filed as a result of a state prosecution
resulting from EPA/State Environmental Crimes Task Force and were
related to illegal hazardous waste disposal.
01/28/91: Nelson pled guilty to one count of first degree theft and one
count attempted theft in the first degree.
04/19/91: John Nelson was sentenced to 4 months imprisonment with 30
days to be dismissed upon performance of 240 hours of community
service. Nelson was also ordered to pay $9,000 in restitution to an
aggrieved landowner in the state of Washington.
Kevin J. Nice
Jeffrey A. Gordon
90-1-76-4
(Superior Court of Washington for
Grays Harber County)
05/25/90: Kevin J. Nice and Jeffrey A. Gordon were charged with
property endangerment from illegal hazardous waste disposal - RCW
70.105.085 (State of Washington Statute). These are the first criminal
environmental charges ever filed in the state of Washington.
144
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No /Court
Facts and Status
Kevin J. Nice
Jeffrey A. Gordon
(cont. from previous page)
06/25/90: Jeffrey A. Gordon pled guilty to one count as charged
08/14/90: Gordon was sentenced to 30 days imprisonment, 12 months
probation, 88 hours of community service, and restitution to the state
02/04/91: Nice pled guilty to one count as charged.
02/25/91: Nice was sentenced to 90 days imprisonment, 12 months
probation, $10,341.70 restitution, and $100 special assessment.
Ekotek, Inc.
Steven M Self
90-CR-125-G
Steven F Miller
90-CR-126S
(D Utah)
Facts: Ekotek, Inc. is a corporation in Utah which operated an
industrial facility in Salt Lake City and was engaged in the business of
hazardous waste management and recycling. Steven F. Miller was
vice-president of Ekotek, Inc. and Steven M. Self was principal owner
and president
05/30/90: Indictment was filed charging Self and Ekotek with
violations of conspiracy - 18 USC 371; the Clean Water Act (discharging
pollutants into a publicly owned sewer system) - 33 USC 1317(d) and
1319(c)(l)(2); and illegal storage of hazardous waste • 42 USC
6928(d)( 1X2X3).
05/30/90: Steven F. Miller pled guilty to a three-count felony
information charging conspiracy - 13 USC 371, storage and treatment of
hazardous waste in violation of a permit - 42 USC 6928(d)(2)(a), and the
Clean Water Act - 33 USC 1319(c)(2).
04/18/91: Superseding indictment was filed against Self and Ekotek.
03/05/92: Self was convicted on six counts including conspiracy, mail
fraud, and violations of CWA and RCRA.
Unichem International, Inc.
CR90-057
(D Wyoming)
Facts: Unichem was a corporation, incorporated under the laws of the
state of New Mexico, in the business of chemical-blending which sells
its product to oil field operators. Unichem had blending plants in
Wyoming, New Mexico, and Louisana.
05/31/90: Unichem was charged and pled guilty to three felony counts of
RCRA violations in Wyoming • illegal storage, transportation, and
disposal of hazardous waste without a permit • 42 USC 6928(d)(l) and
11/02/90: Unichem was sentenced to 5 years probation, fined $1,250,000
on count 1, fined $125,000 each on counts 2 and 3 (suspended), and $600
special assessment.
145
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Jay Allan Ringler
90-CR-1559
(District Court of
El Paso County, Colorado)
06/18/90: An information was filed charging Ringler with 3-counts of
felony violations of Colorado State Environmental Laws: CRS 25-15-
310-(l)(b) and 4(a) - unlawful treatment, storage, and disposal of a
hazardous waste, and CRS 29-22-108 - Hazardous Substance Incidents
(F-6).
Charles E. Welch
Michael Robert Speach
CR90-464
(C D California)
Facts: Michael Robert Speach was president of ENV, Inc ,
Environmental Services Division, a corporation with its principal
place of business in Rancho Dominguez, in Los Angeles County,
California. Charles E. Welch was vice-president of operations of ENV,
Inc.
06/21/90. Indictment filed charging defendants Welch and Speach with
illegal storage and transportation of RCRA-regulated electroplating
wastes to Monarch Milling, a nonpermitted facility in Nevada - 42 USC
6928(d)(l) and (d)(2)(A).
07/20/90: Welch pled guilty to two counts of the indictment regarding
storage and transportation of hazardous waste.
09/27/90: Speach was convicted by jury trial on all 15 counts of the
indictment.
10/15/90: Welch was sentenced to pay a fine in the amount of $15,000,
plus $100 special assessment, and to 36 months probation.
12/03/90: Speach was sentenced to pay a fine of $28,000 ($2,000 per count
for counts 2-15), plus $750 special assessment, to 6 months
imprisonment and 36 months probation upon release from prison, and
300 hours community service.
01/12/91: Appeal was filed by Speach.
Metro Container Corporation
Metro Enterprise Container
Sidney S. Levy
Steven Zubrin
Lewis Maslow
90-359
(E.D. Pennsylvania)
Facts: Metro Container Corporation was a Delaware corporation in the
business of reconditioning used 55-gallon steel drums. Metro
Enterprise Container was a Pennsylvania corporation in the business
of reconditioning used 55-gallon steel drums by means of an
incinerator located at the Metro facility. Sidney S. Levy was co-owner
and president of Metro Container Corporation and Metro Enterprise
Container. Steven Zubrin was maintenance supervisor of Metro
Container Corporation.
08/15/90: A 17-count indictment was filed against defendants charging
conspiracy - 18 USC 371; illegal storage and disposal hazardous waste
in violation of RCRA - 42 USC 6928(c) and (d)(2); knowing
endangerment; conspiracy to violate the CWA by direct discharge and
violations of local limits for pretreaters, willful and negligent
discharges in violation of CWA, and knowing (felony) violations of
CWA - 33 USC 1319(c).
146
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No /Court
Facts and Status
Metro Container Corporation
(cont. from previous page)
06/04/91: A 17-count superseding indictment was filed charging Metro
Container Corporation and Metro Enterprise Container Lewis
Maslow, two-thirds owner and CEO of Metro, was indicted on 12 counts
of conspiracy, false statements, and violations of RCRA and CWA.
10/31/91. Maslow pled guilty to five counts including two counts of
conspiracy (18 USC 371), and one count each for false statements (18
USC 1001), CWA (33 USC 1311(a) and 1319(c), and RCRA (42 USC
6928(d)(2) and (e). Metro Container Corporation and Metro Enterprise
Container each pled guilty to two counts of conspiracy (18 USC 371)
05/01/92: Maslow was sentenced to 1 year and 1 day imprisonment, 36
months probation, and 300 hours community service. Zubnn was
sentenced to 2 months imprisonment, 36 months probation, and 500
hours community service. Metro Container Corporation and Metro
Enterprise Container were not fined due to bankruptcy.
R-M Engineered Products Co., Inc.
Daniel J. Seeman
Albert R. Mersberg
Alvin P Tiedemann
The Intertech Group
CR-90-332
(D South Carolina)
Facts: R-M is a South Carolina Corporation which manufactures and
sells products for aerospace/defense, automotive and power industries
Seeman and Mersberg were R-M employees and stockholders of
Intertech. Tiedemann is executive vice-president and secretary/
treasurer of Intertech Group, and was formerly vice-president and
environmental safety officer for R-M. The Intertech Group is a South
Carolina corporation and a holding company which is sole
stockholder/owner of R-M Engineered Products, Inc.
08/16/90: A seven-count indictment was filed charging defendants with
conspiracy - 18 USC 371, and illegal transportation, storage and
disposal of hazardous wastes in violation of RCRA - 42 USC 6928(d)(l)
and (d)(2)(A) and (d)(5).
11-28-91: Tiedemann pled guilty to a one-count superseding
information charging CERCLA violations - 42 USC 9603(c). The
Intertech Group and R-M Engineered Products Co., Inc. each pled guilty
to one count RCRA violations - 42 USC 6928(d)(2)(A).
Enviro-Analysts, Inc.
John R. Ruetz
90-CR-165 and 191
(E D. Wisconsin)
Robert E. Schloesser
90-CR-168
(E.D Wisconsin)
Facts: Enviro-Analysts, a Wisconsin corporation, was in the business
of, among other things, performing laboratory analyses for clients so
that the clients could demonstrate compliance with the applicable
environmental laws and regulations of the U.S. John R. Ruetz was
President, Chief Executive Officer, and owner/operator of Enviro-
Analysts, Inc. Robert E. Schloesser was vice-president of Enviro-
Analysts, Inc.
147
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Enviro-Analysts, Inc
John R. Ruetz
Robert E. Schloesser
(cont. from previous page)
07/09/90- An information was filed charging Robert E Schloesser with
two counts of knowingly making false statements and representation
in the reports filed with respect to the effluent stream of Moxness
Products, Inc. pursuant to the provisions of the Clean Water Act - 33 USC
1319(c)(2).
07/11/90: Schloesser entered into a plea agreement acknowledging the
charges of the two-count indictment.
08/28/90: A 28-count indictment was filed charging Enviro-Analysts,
Inc. and John R. Ruetz with violations of the Resource Conservation
and Recovery Act for illegal treating, storing, or disposing of
hazardous waste - 42 USC 6928(d)(3); violations of the Clean Water Act
with respect to false statements and representation in their reports - 33
USC 1319(c)(2); false statements -18 USC 1001; and mail fraud - 18 USC
1341.
10/23/90: A one-count indictment was filed charging Enviro-Analysts,
Inc., and John R. Ruetz with conspiracy to produce, prepare, and falsify
information contained in the discharge monitoring reports for use by
their clients in compliance with the regulations of the U.S. EPA and the
Wisconsin Department of Natural Resources (18 USC 371).
12/12/90: Schloesser was sentenced to pay a fine of $2,500 each for count
one and two ($5,000 total); to pay a total special assessment of $50; 2
years probation, and to pay restitution in the amount of $5,000 in such
amounts and at such times as directed by the probation department; and
to perform 150 hours of community service work with focus on
environmental issues.
10/14/91: Enviro-Analysts, Inc. and John Ruetz were each convicted by
trial jury on 14 counts which included mail fraud, false statements, and
violations of the CWA and RCRA.
12/10/91: Enviro-Analysts, Inc. was sentenced to $14,000 fine and $675
special assessment. Ruetz was sentenced to $14,000 fine, $675 special
assessment, 48 months probation and 200 hours community service, and
was to be debarred.
148
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendants/Docket No 'Court
Facts and Status
PureGro Company, Inc
Jack White
Robert Dickman
Gary McCourt
Steven Steed
CR-90-228-AAM
(E D Washington)
Facts: PureGro Co., Inc. was a legal entity incorporated in the state of
California and in the business of retailing and manufacturing
pesticides and fertilizers with a branch office and regional
headquarters in Pasco, Washington. Jack White was regional
manager and regional safety and environmental coordinator for
PureGro. Dickman was district manager of PureGro. McCourt was
manager of the fertilizer manufacturing unit for PureGro in Pasco,
Washington. Steed was manager of the fertilizer manufacturing unit
for PureGro in Pasco working out of corporate headquarters in
Sacramento, California.
09/07/90: Indictment charges PureGro and above named employees
with the illegal storage, transportation, and disposal of hazardous waste
pesticides under RCRA - 42 USC 6928(d)(2)(A). Violations include
conspiracy - 18 USC 371, and the illegal application of a pesticide under
the Federal Insecticide, Fungicide and Rodenticide Act - 7 USC 136j and
1361.
09/17/91: PureGro entered a guilty plea to one count FIFRA violations
and was sentenced to a fine of $15,000 and 2 years probation. Charges
against individuals were dismissed by government.
Paul D. Zimmerman
Edsil M. Elledge, Jr
(aka Ken Elledge)
Thomas G. Bentley-Smith
Robert Wells
90-38-B-MI
(M D Louisiana)
Facts: Zimmerman was former general manager of the office of
Chemical Waste Management, Inc. in Baton Rouge, Louisiana
Elledge was former program coordinator of the hazardous waste
program of the Louisiana Department of Agriculture. Bentley-Smith
was former project manager for Chemical Waste Management, Inc. in
Baton Rouge. Robert Wells was former vice-president and treasurer of
the T. H. Agriculture & Nutrition Co., Inc. in Kansas City, Kansas
These individuals allegedly conspired and agreed to knowingly
transport, or cause to be transported, hazardous waste without a permit.
09/12/90: A three-count indictment charged defendants with
conspiracy - 18 USC 371, and RCRA violations including the illegal
storage and transportation of a hazardous waste - 42 USC 6928(d)(2)(A)
and (d)(5).
02/26/91: Zimmerman pled guilty to two counts: conspiracy to transport
hazardous waste without a manifest and the storage of hazardous waste
without a permit.
03/21791: Federal jury found Elledge and Bentley-Smith guilty of all
counts charged on 03/21/91. Wells was acquitted.
05/03/91: Bentley-Smith and Elledge were each sentenced to 5 years
probation, $2,500 fine, and 250 hours of community service.
05/21/91: Zimmerman was sentenced to 1 year incarceration, $5,000
fine, and 3 years probation.
149
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Fiscal Year 1991
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket NoVCourt
Facts and Status
Albert S. ^'Junior") Goodner, Jr.
Dennis J. Goodner
Jimmy C. Curry
Goodner Brothers Aircraft, Inc.
Goodner Bros. Farms, Inc.
Aircraft Refinishers, Inc.
90-20031-04
(W D Arkansas)
Facts: The Goodner companies were Arkansas corporations in the
aircraft refimshing business, which included paint stripping,
repainting, and refurbishing of commercial aircraft. "Junior"
Goodner is the president and operating manager of the Goodner
companies. Dennis Goodner is the supervisor of the Aircraft
Refinishers Company. Jimmy C. Curry is secretary of Goodner
Brothers Aircraft and shop manager of that company.
10/03/90: A 14-count indictment charging the defendants with
discharging pollutants into the Dallas Creek in violation of the Clean
Water Act - 33 USC 1311(a) and 1319(c)(D; failure to report the release of
a hazardous substance into the environment under CERCLA - 42 USC
9603(b); the illegal storage, transportation, and disposal of hazardous
wastes - 42 USC 6928(d)(2)(A) and (d)(4); and conspiracy - 18 USC 371
01/28/91: Trial began on this date and resulted in hung jury on
February 1, 1991. Charges against Aircraft Refinishers, Inc. were
dismissed by the government pnor to trial. Dennis J. Goodner and
Jimmy C. Curry were given judgment of acquittal on all charges.
04/10/91: Charges against Goodner Brothers Farms, Inc. were
dismissed by government.
04/11/91: Retrial resulted with defendant Albert S. Goodner, Jr found
guilty of three counts of CERCLA violations and one count of RCRA
Goodner Brothers Aircraft, Inc. was found guilty of four counts of
RCRA violations and one count CERCLA. These were all felony
violations that occurred near Ink, Polk County, Arkansas, and
involved the illegal handling of toxic chemicals.
06/19/91: Albert S. (Junior) Goodner, Jr. received a total sentence of 15
months incarceration to be followed by 1 year supervised parole, a fine
of $7,500, and $200 assessment for conviction on three felony CERCLA
violations.
Goodner Brothers Aircraft, Inc. was sentenced to a total fine of $150,000,
$250 special assessment, and 5 years probation on each of five felony
counts to run concurrently.
07/30/91: Appeal filed.
06/04/92: Eighth Circuit remanded five RCRA counts, but affirmed
three CERCLA counts and the trial court's decision not to depart
downward under the federal sentencing guidelines on Goodner's
sentence. United States v. Goodner. 966 f.2d 380 (8th Cir. 1992).
150
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Gerald Elwell
90-77-01
Peter Lauzon
90-77-02
North Bennington, VT
Board of Water Commissioners
(D. Vermont)
Facts: Gerald Leon Elwell was Superintendent of the North
Bennington, Vermont, Water Department duly appointed to that
position by the North Bennington, Vermont, Water Commissioners.
His duties included the operation of the North Bennington water system
and daily monitoring of the turbidity levels of the water supply and the
monthly reporting of same to Vermont Department of Health. Peter
Lauzon was an employee of the North Bennington Water Department.
10/09/90: Indictment of 01/13/90 was unsealed charging Gerald Elwell,
Peter Lauzon, and the Board of Water Commissioners, North
Bennington, Vermont, with 26 counts of conspiracy and false
statements/reports with regard to the Safe Drinking Water Act
(SDWA).
10/29/90: Elwell, Lauzon, and the Board of Water Commissioners pled
guilty to one count of violation of 18 USC 1001 (false statement) and the
government agreed to dismiss the other counts of the indictment.
04/29/91: Elwell was sentenced to pay a fine in the amount of $500.
Lauzon was sentenced to pay a fine in the amount of $250. The North
Bennington Board of Water Commissioners was sentenced to a $500
fine.
Websterville Fire District #3
The Prudential Committee
90-78-3
W. John Mitchell, II
(aka Jack Mitchell)
90-78-1
Gary Brouillette
90-78-2
(D. Vermont)
Facts: Fire District #3, Websterville, Vermont was a public
community water system supplying drinking water to approximately
420 people of Websterville. W. John Mitchell was superintendent of
Fire District #3 water system and a member of The Prudential
Committee. Brouillette was a member of The Prudential Committee
and responsible for the sampling water supply.
10/09/90: Indictment of 09/13/90 unsealed charging defendants
Mitchell, Brouillette, and Websterville Fire District #3 with conspiracy
- 18 USC 371, false statements - 18 USC 1001, and aiding and abetting
regarding the monitoring and reporting requirements of the Safe
Drinking Water Act.
11/30/91: Charges have been appealed.
Murray L. Lewis
90-79-01
Bertha Lewis
90-79-02
(D. Vermont)
Facts: Murray and Bertha Lewis were owners/operators of the Pownal
Water Company. Bertha Lewis was the individual responsible for
sampling of the Pownal water supply and completion of reports, on
behalf of Murray Lewis (operator of system), and filing reports with the
state of Vermont for subsequent transmission to U.S. EPA for
enforcement of provisions of the Safe Drinking Water Act.
151
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No /Court
Facts and Status
Murray L. Lewis
Bertha Lewis
(cont. from previous page)
10/09/90: Court unsealed indictment obtained 09/13/90 charged 41
counts of false statements and representations to U.S. EPA and the state
of Vermont regarding compliance for the Safe Drinking Water Act - 18
USC 1001.
10/17/90: Defendants each pled guilty to one count of false statements, 18
USC 1001, and the government agreed to dismiss remaining counts
04/15/91: Defendants were each fined $500 plus $50 costs, plus placed on
probation for 5 years with a condition of turbidity monitoring to be
conducted during that probation period.
Reginald Max Goldsmith
1.90-CR-356
(N.D Georgia)
Facts: Reginald Max Goldsmith committed overt acts in Northern
Georgia as to hiring individuals to remove and store hazardous waste
without a permit at three sites in the Atlanta Metropolitan Area.
10/10/90: A two-count indictment charged Goldsmith with conspiracy •
18 USC 371, and illegal transportation of hazardous waste in violation of
RCRA - 42 USC 6928(d)(2).
12/18/90: A three-count superseding indictment was returned by grand
jury with an additional charge of illegal storage of hazardous waste at a
nonpermitted storage facility - 42 USC 6928(d)(2).
05/17/91: Previous indictments charging Goldsmith were dismissed.
07/02/91: A two-count indictment was returned charging Goldsmith
with illegal transportation and storage of a hazardous waste to an
unpermitted storage facility in violation of RCRA - 42 USC 6928(d)(l)
and (d)(2)(A).
08/30/91: Goldsmith was convicted by trial jury on two felony counts of
RCRA violations as charged.
12/05/91: Goldsmith was sentenced to 46 months imprisonment at a
federal penitentiary.
12/11791: Notice of Appeal was filed.
Saunders Asbestos Service
Domenic Lamara
Court #
(D. Massachusetts)
Facts: Domenic Lamara was foreman for Saunders Asbestos Service,
Inc. and was listed as a responsible management official of the
company and had primary responsibility for asbestos removal and
disposal performed by the company.
152
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION-
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Saunders Asbestos Service
Domenic Lamara
(cont. from previous page)
10/16/90: Lamara and Saunders Asbestos Service, Inc. were charged in
an information with misdemeanor violations of the Clean Water Act -
33 USC 1311(a) and 1319(c)(l)(A); namely negligently discharging
unpermitted pollutants (water containing asbestos) from point sources
into the Charles River.
01/25/91: Defendants pled guilty to a one-count information.
04/01/91: Corporation was fined $5,000 and 24 months probation.
Lamara was sentenced to 4 months house detention.
Sentco Paint Manufacturing Co., Inc.
Roland N. Brothers
Rick N. Brothers
Donald Gerald Cole
Sam Minor
4-90-CR-0281
(N.D. Ohio)
Facts: Sentco was a paint manufacturing company in Youngstown,
Ohio, which produced oil and latex based paints and asphalt roof
coating, emulsion roof coating, flashing cement, driveway sealer, Flo-
Kote, and Shurstik in Youngstown, Ohio. Roland N. Brothers was
president and owner of Sentco. Rich N. Brothers was operations
manager of Sentco, and Donald Cole was an employee. Sam Minor was
a self-employed truck driver paid by Sentco to haul various waste
materials from Sentco for disposal.
10/18/90: A nine-count indictment was filed charging defendants with
conspiracy - 18 USC 371 and illegal disposal of hazardous wastes - 42
USC 6928(d)(2)(A). Rick N. Brothers was also charged with knowingly
threatening or attempting to intimidate Sentco employees in violation of
18 USC 1512(b)(3).
06/01/92: Sentco Paint Manufacturing Company, Inc. and three
individuals pled guilty pursuant to a nine-count indictment for
conspiracy and violations of RCRA. Rick Brothers pled guilty to eight
counts and was sentenced to 18 months in custody, 36 months probation,
and $400 special assessment ($50 per count). Roland Brothers pled
guilty to eight counts and was sentenced to 15 months in custody, 24
months probation, and $400 special assessment ($50 per count). Donald
Cole pled guilty to seven counts and was not sentenced at this time All
charges were dismissed against Sam Minor.
Michael H. Weitzenhoff
Thomas W. Mariani
Charles A. Reeves
90-01568 DAE
(D. Hawaii)
Facts: Weitzenhoff was plant manager, Mariani was assistant plant
manager, and Reeves was a licensed plant operator at the East
Honolulu Plant Community Services Wastewater Treatment Plant
(Hawaii Kai Wastewater Treatment Plant) and were employed by
M&E Pacific Services, Inc., engaged in the operation of a wastewater
facility.
10/18/90: A two-count indictment charged defendants with conspiracy
to report false information on DMRs - 18 USC 371, and illegally
discharging pollutants in violation of their permit and violating the
Clean Water Act - 33 USC 1311(a) and 1319(c).
153
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION-
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Michael H. WeitzenhofF
Thomas W. Mariani
Charles A. Reeves
(cont. from previous page)
02/05/91: A 31-count superseding indictment was filed charging
defendants Mariani and WeitzenhofF with the dumping sewage sludge
- 33 USC 1319(cX2) and (c)(4).
03/07/91: A second 31-count superseding indictment was filed against
Mariani and Weitzenhoff.
10/07/91: Weitzenhoff and Mariani were each found guilty by trial jury
on six counts for conspiracy and Clean Water Act violations.
11/14/91: Reeves pled guilty to one count of conspiracy to knowingly
discharging pollutants in violation of the CWA.
02/06/92: Weitzenhoff was sentenced to pay a special assessment of
$300, 21 months imprisonment on each of the six counts to run
concurrently, 24 months probation on the conspiracy count, and 12
months on the remaining five counts to run concurrently.
Mariani was sentenced to pay a special assessment of $300, 33 months
imprisonment on each of three counts, and 24 months on each of the
remaining three counts all to run concurrently, and to 36 months
probation on the conspiracy count and 12 months each of the remaining
five counts to all run concurrently.
02/26/92: Reeves was sentenced to a fine of $5,000, $50 special
assessment, and 36 months probation.
The Pillsbury Company
90-05020-0 l-CR-SW-4
Thomas Edward Francis
90-05018-01-CR-SW-4
Rodney A. McFadden
90-05019-0 l-CR-SW-4
(W.D. Missouri)
Facts: The Pillsbury Company and two of its employees were charged
with negligently discharging a pollutant (ammonia) into Silver Creek,
Missouri.
10/22/90: The Pillsbury Company pled guilty to a one-count
information charging negligent discharge of a pollutant - 33 USC
131 Ha) and 1319(c)(l). The company was fined $100,000 plus a special
assessment of $125, and ordered to make restitution to the City of Joplin,
Missouri in the amount of $75,000.
10/22/90: Defendants Francis and McFadden each pled guilty to a
three-count information charging negligent discharge of a pollutant
(ammonia) in violation of the Clean Water Act - 33 USC 1311(a) and
01/17/91: McFadden was sentenced to 3 years probation, $6,000 fine and
$75 special assessment, and 100 hours of community service.
01/25/91: Francis was sentenced to 3 years probation, $6,000 fine and $75
special assessment, and 100 hours community service.
154
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Gerry Blanchard
Edward Viola
Maxme Fairchild
Donna Nims
Claude Aven
Barry Seace
2-90-CR-16
(W.D. Michigan)
Facts: Kinross Manufacturing Corporation (KMC) was a corporation
located in Chippewa County, Michigan at the former Air Force base
known as Kincheloe Air Force Base. Gerry Blanchard was a founder
and president of KMC. The defendants were employees of KMC and
responsible corporate officials at KMC.
10/25/90: An 11-count indictment was filed against above defendants
charging conspiracy - 18 USC 371; unlawful treatment, storage, and
disposal of hazardous waste under RCRA - 33 USC 6928(d)(2)(A); and
failure to report a release of a hazardous substance under CERCLA - 42
USC 9603(b).
05/20/91: Edward Viola pled guilty to one count of illegal treatment of
hazardous waste under RCRA.
07/15/91: Edward Viola was sentenced to 12 months suspended jail
term, 12 months probation, $1,000 fine, and $50 special assessment.
08/21/91: Claude Aven pled guilty to four counts of illegal treatment of
hazardous waste.
10/07/91: Barry Seace pled guilty to one count of illegal storage of
hazardous waste.
11/18/91: Fairchild pled guilty to illegal storage of hazardous waste in
violation of RCRA • 42 USC 6928(d)(2)(A) and bankruptcy fraud • 18 USC
152.
11/21/91: Blanchard pled guilty to one count of bankruptcy fraud and
and one count of contract fraud - 18 USC 152.
01/31/92: Fairchild was sentenced to 8 months imprisonment
(suspended) and 12 months probation on each of two counts to run
concurrently, and $100 special assessment
04/09/92: Donna Nims pled guilty to one count of illegal storage of
hazardous waste, was sentenced to a fine of $1,000, and placed on 12
months probation.
05/13/92: Blanchard was sentenced to a fine of $6,500, $50 special
assessment, 24 months confinement, 24 months probation, plus
$118,613.98 restitution on the bankruptcy count. Regarding the contract
fraud, he was sentenced to $50 special assessment and 60 months
probation to run consecutive with bankruptcy probation.
155
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
James Angerami
Kenneth Birchfield
Glenda Newsome
Shawn Lee Rawls
Edwin Eugene Trout
Stephen Douglas Worley
2-90-CR-000021
(N D. Georgia)
Facts Defendants did conspire to knowingly manufacture and
knowingly possess, with intent to distribute a Schedule II controlled
substance, that is in a detectable amount of methamphetamine, m
violation of 21 USC 841 and 846.
11/03/90: Defendants were charged, along with drug violations, for the
illegal disposal of hazardous waste without a permit - 42 USC
6928(d)(2)(A).
04/26/91: Glenda Newsome, Edwin Eugene Trout, and Shawn Lee
Rawls were convicted by tnal jury on conspiracy to manufacture and
possess with intent to distribute methamphetamine. Charges against
Worley were dismissed in return for cooperation with the government
07/17/91: James Angerami was found guilty by trial jury on conspiracy
to manufacture over 100 grams of methamphetamine and possession of
unregistered firearms. Kenneth Birchfield was convicted on related
drug and firearms violations as well as RCRA violations regarding
illegal storage and disposal of hazardous waste - 42 USC 6928(d)(2)(A)
07/19/91: Newsome was sentenced to 125 months imprisonment, 5 years
probation, $17,500 fine, and $150 special assessment. Trout was
sentenced to life plus 58 months imprisonment, 10 years probation if
released, $25,000 fine, and $150 special assessment. Rawls was
sentenced to 151 months imprisonment, 5 years probation, $17,500 fine,
and $150 special assessment.
09/27/91: Birchfield was sentenced to life imprisonment, $50,000 fine,
and $200 special assessment.
10/07/91: Angerami was sentenced to 292 months imprisonment plus
120 months to run concurrently, 60 months probation, and a fine of
$25,000 and $100 special assessment
Glenn Weatherbee
Glenn Weatherbee Supply, Inc.
CR90-00019-BG(M)
(W.D. Kentucky)
Facts: Glenn Weatherbee is an individual who resides in Bowling
Green, Kentucky and is president of Weatherbee Supply, Inc
Weatherbee Supply, Inc., incorporated in the Commonwealth of
Kentucky, is an oil and gas equipment company and is also used by
Glen Weatherbee as his oil production company.
11/05/90: An 11-count indictment was filed charging defendants with
10 counts of willfully constructing and operating five underground
injection wells to inject fluids into an underground source of drinking
water without obtaining a permit and one count of falsifying an
application for permit under the Safe Drinking Water Act (42 USC
300h).
156
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHANGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No /Court
Facts and Status
Glen Weatherbee
(cont. from previous page)
10/28/91: Weatherbee Supply, Inc. pled guilty to one count Safe
Drinking Water Act violations. Charges against Glen Weatherbee
were dismissed in the plea agreement. This is the first felony
conviction in country of Underground Injection Control provisions of
the SDWA.
04/15/92: Weatherbee Supply was sentenced to a fine of $7,500 and
placed on probation for 5 years.
Signs, Inc.
Henry Kelly Logan
91-CR-00227
(Second Judicial District -
City & County of Denver, Colorado)
11/07/90: Signs, Inc. and Henry Kelly Logan were charged with two
counts of unlawful disposal of a hazardous waste - CRS 25-15-310 and
contributing to a hazardous waste incident - CRS 29-22-108.
03/22/91: Corporation and Logan pled guilty to one count of the
information charging an unclassified felony violation of Colorado
Revised Statute 25-15-310 • unlawful disposal of hazardous waste.
Logan was sentenced to unsupervised deferred judgment of 2 years and
community service in an environmental organization, plus $230 fine to
Victim's Compensation Fund.
04/23/91: Signs, Inc. was sentenced to pay a fine in the amount of $4,932.
Weyerhaeuser Company
(Weyerhaeuser Sawmill -
Aberdeen)
CR90-298
(W.D. Washington)
Facts: Weyerhaeuser Company, a corporation headquartered in
Federal Way, Washington, was engaged in the manufacture of lumber
products at various sawmills located throughout the United States.
11/16/90: Weyerhaeuser Company was charged with a five-count
information and pled guilty to misdemeanor counts for violations of the
Clean Water Act. The criminal charges to which Weyerhaeuser pled
guilty stem from the unpermitted discharge of paint wastes and wash
water into Shannon Slough, a tributary of the Chehalis River, from the
end seal and stencil painting operation at the company's Aberdeen,
Washington sawmill for almost 9 years [33 USC 1311(a) and
11/16/90: Weyerhaeuser Company was sentenced to fines of $25,000 for
each of the five counts ($125,000), plus $125 per count ($625) for the Crime
Victim's Fund. Restitution to Shannon Slough Fund for foregoing
violations in the amount of $375,000 was also ordered.
Douglas T. Niemann
91-36
(Grays Harbor County District
Court of Washington)
Facts: Douglas T. Niemann was reported to Hoquiam Police
Department for having found some 55-gallon drums of hazardous waste
and buried the drums. While doing so, some of the drums broke or
leaked onto the ground. The case was referred to Grays Harbor County
District Attorney.
01/03/91: Charges were filed against Douglas T. Niemann for
violation of revised code of Washington state law ROW 70-105-090 for
the illegal disposal (dumping) of dangerous waste without a permit.
157
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Douglas T. Niemann
(cont. from previous page)
03/30/92: Criminal charge was dismissed as part of plea agreement.
Defendant pled guilty to civil charges and was fined with clean-up
costs.
Sam L. Story
91-PT-17-S
(S D. Alabama)
Facts: Sam L. Story was owner of Story and Company, a commercial
and residential solid waste collection and disposal service in
Birmingham, Alabama. Story allegedly directed an employee to
discard 524 bags of asbestos-containing material at various locations in
Jefferson County, Alabama.
01/31/91: Indictment was filed charging Sam L. Story with a felony
violation of CERCLA for failure to notify the U.S. of release of
hazardous substance (asbestos) into the environment - 42 USC 9603(b)
03/19/91: Story pled guilty to indictment and was sentenced to 3 months
home detention and 3 years supervised probation. Story was ordered by
the Court to incur the cost of home detention ($96.66/mo) and to pay $50
special assessment. He was also prohibited from hauling or handling
asbestos materials as a result of an earlier civil settlement which
stemmed from this investigation.
Southern Dredging Company
William J. Floyd
Douglas M. Floyd
291-02080
(D. South Carolina)
Facts: Southern Dredging Company, located in Charleston, was a South
Carolina corporation in the business of hydraulic dredging of shipping
channels, harbors, and marinas. These dredging operations include
the disposal of what is commonly referred to as dredge spoil. William
J. Floyd was the superintendent for Southern Dredging Company, Inc.
and Douglas M. Floyd was the "dredge captain" for the dredge that
performed the dredging of the marina.
02/12/91: Southern Dredging Company was charged in a one-count
information and pled guilty to a felony violation of the Clean Water Act
- 33 USC 1311(a) and 1319(c)(2)(A). The corporation was sentenced to
pay a $100,000 fine plus a $200 special assessment and placed on
probation for 12 months. Southern Dredging also entered into a separate
agreement with Department of Army not to bid on Army contracts for 90
days (November 1, 1990 to January 31, 1991).
05/22/91: A seven-count indictment charged William J. Floyd and
Douglas M. Floyd, employees of Southern Dredging, Inc., with
violations of the federal environmental laws including conspiracy - 18
USC 371, suborning perjury and perjury • 18 USC 1622 and 1623(a), and
the illegal discharge of dredge spoils into the waters of the U.S. without a
permit in violation of the Clean Water Act • 33 USC 1311(a) and
1319(c)(2)(A).
158
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket NoVCourt
Facts and Status
Superseding CR-2-91-524
Southern Dredging Company
(cont. from previous page)
Plea and sentence of 02/12/91 was withdrawn. Company will go to trial
11/14/91: William Floyd and Douglas Floyd each pled guilty to two
counts perjury - 18 USC 1622 and 1623(a) and two counts CWA violations
- 33 USC 1311(a) and 1319(c)(2)(A).
01/21/92: Southern Dredging Co., Inc. pled guilty to a one count
superseding information for discharge and deposit of refuse matter into
a navigable water without a permit in violation of the Refuse Act - 33
USC 407 and 411.
01/30/92: Southern Dredging was sentenced to pay $100,000 fine, $125
special assessment, and 12 months probation. The company was
debarred from bidding on or performing work on government contracts
for 90 days.
Kenneth Laughlin
John Donnelly
Harris Goldman
91-CR-59
(N.D. New York)
Facts: GCL Tie and Treating, Inc., a corporation located in Sidney,
New York, was in the business of treating unfinished railroad ties with
creosote to keep them from rotting when exposed to moisture. Kenneth
Laughlin was the president and/or plant manager of GCL and directed
operations including giving orders for the illegal storage and disposal
of hazardous waste without a permit. John Donnelly was a supervisor at
GCL and directed workers to illegally store and dispose of hazardous
waste without a permit.
02/13/91: John Donnelly and Kenneth Laughlin were charged in a 27-
count indictment for RCRA violations - 42 USC 6928(d)(2)(A) and
included charges of failure to notify under CERCLA • 42 USC 9603(a)
and (b).
12/11/91: Goldman, former owner of GCL Tie and Treating, Inc , was
indicted on two counts including RCRA violations - 42 USC
6928(dX2)(A) and CERCLA - 42 USC 9603(c).
05/31/92: Laughlin and Donnelly both pled guilty to one count CERCLA
violations • 42 USC 9603(a) and (b).
09/04/92: Goldman was convicted on both counts.
New York Bus Service
91-156
(N.D. New York)
Facts: New York Bus Service negligently discharged a pollutant,
ethylene glycol commonly known as "antifreeze," from point source
into waters of U.S. without a permit.
02/27/91: New York Bus Service was charged and pled guilty to one-
count misdemeanor violation of the Clean Water Act - 33 USC 131 Ha)
and 1319(c)(l)(A).
05/29/91: Defendant was sentenced to pay a fine of $25,000.
159
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No /Court
Facts and Status
Queen Products Company, Inc.
CR91-00027-01-IXB)
(W.D Kentucky)
Court* gi-
tS D. Indiana)
John Thomas Cottrell
CR91-00026-01-UB)
(W.D. Kentucky)
Facts- Queen Products Company, Inc., located in Louisville, Kentucky,
was a manufacturer of electrical products including transformer
cabinets and juncture boxes. John Thomas Cottrell was plant manager
at Queen Products.
03/15/91: Queen Products Company, Inc. was charged in a one-count
information of knowingly disposing of hazardous wastes without a
permit in violation of RCRA - 42 USC 6928(d)(2)(A). Cottrell was
charged with two counts of RCRA violations for illegal disposal of
hazardous wastes without a permit and transportation of hazardous
wastes to an unpermitted facility - 42 USC 6928(d)(l) and (d)(2)(A)
03/20/91: Queen Products Company, Inc. and John Thomas Cottrell pled
guilty to charges in the information.
03/20/91: Queen Products was charged in Indiana with violations of
RCRA for knowingly disposing of hazardous wastes without a permit,
in violation of 33 USC 6928(d)(2)(A).
05/22/91: Queen Products Company, Inc. was sentenced to a fine of
$307,500, suspended to $165,000 ($82,500 to be paid to the U.S. and $82,500
to the Commonwealth of Kentucky), 18 months probation, and $200
special assessment, and additional requirements of cost of remedial
action.
Queen Products was also sentenced in Kentucky for the one-count
information from Indiana to pay a fine of $10,000 (suspended upon
the payment of $10,000 restitution to the state of Indiana), 18 months
probation, and $200 special assessment.
05/21/90: Cottrell was sentenced to 3 years imprisonment (32 months
suspended) on each of two counts to run concurrently, $10,000 fine, $100
special assessment, and 2 years probation on each of two counts to run
concurrently.
Exxon Corporation
91-131
(D New Jersey)
Facts: Exxon Corporation spilled or negligently discharged 567,000
gallons of heating oil into Arthur Kill in January 1990.
03/20/91: Exxon Corporation was charged with and pled guilty to
violating the Clean Water Act on January 1 and 2, 1990 when 567,000
gallons of heating oil were released into the Arthur Kill - 33 USC 1311(a)
and 1319(c)(l). Exxon Corporation was sentenced to pay sum of $5
million as criminal fines, penalties, and restitution to the state of New
Jersey, state of New York, other entities, and the Arthur Kill Trust Fund
($3 million was paid as criminal fines with $2 million restitution.)
ieo
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Rogue Valley Circuits, Inc.
91-88
(D. Oregon)
Facts: Rogue Valley Circuits, Inc. (RVCI), an Oregon corporation, was
engaged in ownership, management, and operation of an electroplating
facility in Medford, Oregon. In the course of its electroplating business,
RVCI generated certain hazardous wastes, such as wastewater
treatment sludges.
03/21/91: Indictment filed charging defendant with two counts illegal
transportation and disposal of hazardous waste - 42 USC 6928(d)(2)(A)
03/25/91: Rogue Valley Circuits pled guilty to indictment as charged.
05/28/91: Defendant was sentenced to 5 years probation, $400 special
assessment, and to pay $1,000,000 fine, offset by $980,000 that has already
been paid or will be paid, and to pay all debts connected with clean-up
pursuant to EPA consent order #1090-08-14-106.
Thomas P. Banaham
5:CR-91-71
(N.D. Ohio)
Facts: Thomas P. Banaham was an employee of an environmental
testing firm under contract of NASA who had been reporting taking
samples he had not collected.
03/21/91: Thomas P. Banaham was charged with and pled guilty to a
one-count information for knowing interference with a test method
under the requirements of the Clean Water Act - 33 USC 1319(c)(4).
06/11/91: Banaham was sentenced to 1 year probation, and $250 fine
plus $50 special assessment.
Nanticoke Homes
91-23
(D. Delaware)
Facts: Nanticoke Homes, a Delaware corporation located in
Greenwood, Delaware, was in the business of manufacturing
prefabricated homes. During the manufacturing process, ignitable
hazardous wastes were generated.
03/26/91: Nanticoke Homes was indicted and pled guilty to RCRA
violations - knowingly storing hazardous wastes without a permit - 42
USC 6928(d)(2)(A) and CERCLA - having knowledge of release of a
hazardous substance into the environment without a permit (failure to
notify) - 42 USC 9603(b).
07/30/91: Nanticoke Homes, Inc. was sentenced as follows: 3 years
probation for each count (concurrent), 400 hours community service
(25% must be performed by officers or directors of the corporation),
$150,000 on each of two counts for a total of $300,000 plus a special
assessment of $400.
161
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Croda Inks Corp.
91-20109-01-H
John Michael "Mike" Cox
Kevin George Moore
George Moore
91-20168-H
George Ault
91-20177-H
(W D. Tennessee)
Facts: Croda Inks Corp. is an ink formulation and manufacturing
company, doing business on President's Island, Memphis, Tennessee
It generates certain types of pollutants including, but not limited to,
chemical wastes in the form of solvent washes and sludges and washes
and sludges.
04/22/91: Croda Inks Corp. was charged with and pled guilty to a one-
count information for violation of the Clean Water Act - 33 USC 1311(a)
and 1319(c)(l)(A). Charges stemmed from Croda Inks negligently
discharging unpermitted wastewatcr and solvents from the Memphis
facility into a storm sewer that empties into McKeller Lake and the
Mississippi River.
06/17/91: Croda Inks was sentenced to pay a fine of $200,000 ($100,000
suspended), plus $125 special assessment, and placed on 3 years
probation. Defendant was also required to pay restitution in the amount
of $100,000 to Tennessee Hazardous Waste Remedial Action Fund
07/10/91: John Michael Cox and Kevin George Moore were charged and
pled guilty to a one felony count information charging false statements
and misrepresentations to authorities (18 USC 4).
George Moore, former general manager of Croda Inks' Memphis plant,
was charged in a two-count indictment for storing and discharging
hazardous waste without a permit in violation of RCRA - 42 USC
6928(d)(2)(A) and discharging pollutants into McKeller Lake which
empties into the Mississippi River in violation of the CWA - 33 USC
1311(a) and 1319(c)(2)(A).
George Ault was production supervisor at the Croda Inks' plant and was
charged with one count knowingly discharging pollutants into
McKeller Lake without a permit - 33 USC 1311(a) and 1319(c)(2)(A).
09/16/91: George Ault pled guilty to one count of CWA violations.
10/04/91: John Michael Cox and Kevin George Moore were each
sentenced to $50 special assessment and 12 months probation.
03/30/92: George Moore was convicted by trial jury on one felony count
of CWA violations - 33 USC 13 IK a) and 1319(c)(2)(A).
04/21/92: George Ault was sentenced to 30 days probation and $50 special
assessment.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Paul Warren Marquardson
91-103S
(WD. Washington)
Fact: Paul Warren Marquardson was one of several members of a
partnership known as Marquardson Associates which owned and
operated the Cornelius Apartments in Seattle, Washington.
04/23/91: Marquardson was charged and pled guilty to violations of the
Clean Air Act as a result of stripping asbestos insulation from the
building boiler room without providing proper notice prior to removal of
asbestos from a facility component - 42 USC 7412(c)(l)(B) and (c)UKC)
07/13/91: Paul Warren Marquardson was sentenced to pay a $5,000 fine
and 24 months probation.
Sunnylands, Inc.
William Ramagosa, Jr.
Robert Ramagosa
Sunrise Excavation, Inc.
Sunrise Ventures, Inc.
3.CR-91-079
(M.D. Pennsylvania)
Facts: Sunnylands, Inc., Sunrise Ventures, Inc., and Sunrise
Excavation, Inc., all Pennsylvania corporations, developed portions of
Sunnylands property by altering portions of the property, including
lakes, wetlands, and other waters of the U.S. William Ramagosa, Jr
was vice-president and secretary of Sunnylands, Inc., president of
Sunrise Ventures, Inc., and a corporate officer of Sunrise Excavation.
Inc. Robert Ramagosa was vice-president and treasure of Sunnylands,
Inc., a corporate officer of Sunrise Ventures, Inc., and president of
Sunrise Excavation, Inc.
04/23/91: A five-count indictment was filed charging defendants with
failure to obtain a permit for discharge of dredged or fill material into
waters of the U.S. including wetlands in violation of the Clean Water
Act - 33 USC 1311(a) and 1319(c)(2)(A). The indictment of four felony
counts and one misdemeanor count alleges that the defendants
illegally filled some 54 acres of wetlands and adjacent waterways
05/18/92: Federal jury in the Middle District of Pennsylvania acquitted
William Ramagosa, Jr. and Robert Ramagosa, and their three
companies of violations of the CWA.
Larry Clay Lavender
91-00074-AH-C
(S.D. Alabama)
Facts: Larry Clay Lavender is president of American Bumper
Company. American Bumper Company (ABC) is an automobile
bumper electroplating facility located in Mobile, Alabama.
04/26/91. Lavender was charged and pled guilty to a one-count
information for illegal storage of hazardous waste - 42 USC
6928(d)(2)(A). Information charges Lavender knowingly stored
approximately 68 drums of chromic acid, cyanide, and heavy metals for
a period exceeding 90 days without a permit or interim status
authorization.
07/11/91: Lavender was sentenced to 6 months confinement m a
community correctional facility plus 54 months probation, and ordered
to pay $114,761.90 restitution to the U.S. for site restitution for felony
violations of RCRA.
163
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket NoVCourt
Facts and Status
Martha Jane Slusser
CR-91-
(D Colorado)
Facts: Martha Jane Slusser was employed by Weaver Electric, Denver,
Colorado.
03/29/91: Slusser was charged with a felony violation of tax law (26 USC
7206) and pled guilty on 04/23/91 in exchange for misdemeanor to
environmental crimes violations.
06/19/91: Slusser was sentenced to 5 years probation, $50 fine, and
restitution of $4,340.63.
United Technologies Corporation
(Sikorsky Aircraft Division)
91-CR-00028
(D Connecticut)
Facts: United Technologies Corporation (UTC) is a corporation,
incorporated under the laws of the state of Delaware and headquartered
in Hartford, Connecticut. Sikorsky Aircraft Division (division of
UTC) designs and manufactures military and commercial helicopters
and operates a facility in Stratford, Connecticut. The defendant did
knowingly dispose of listed hazardous wastes, that is spent halogenated
solvents used in degreasing at the Sikorsky facility, without having
obtained a permit or interim status in violation of 42 USC 6928(d)(2)(A).
05/16/91: United Technologies Corporation pled guilty to a six-count
information charging illegal disposal of hazardous waste in violation
of the Resource Conservation and Recovery Act (RCRA) and was
sentenced $500,000 per count for a total fine of $3,000,000, plus $1,200
special assessment.
Joseph Long
Scott Brady
CR91-145-A
(W.D. New York)
Facts: Basic Oxygen Furnace, located at the former Bethlehem Steel
facility, Lackawanna, New York, was in the process of being
demolished. Safe Air Environmental Group was awarded the contract
for removal of all asbestos materials in Basic Oxygen Furnace. Joseph
Long was CEO for Safe Air Environmental Group, Inc. Joseph Brady
was foreman of Safe Air and directly in charge of day-to-day operations
involving removal of asbestos from Basic Oxygen Furnace.
05/17/91: Long was charged and pled guilty to one count of false
statements (18 USC 1001) relating to asbestos removal at Basic Oxygen
Furnace, in violation of the Clean Air Act.
06/12/91: Brady was indicted on five counts of violating the Clean Air
Act - 42 USC 7413(c), false statements - 18 USC 1001, as well as mail and
wire fraud -18 USC 1341 and 1343.
10/18/91: Long was sentenced to 1 year probation, $2,000 fine, plus 200
hours community service, and will participate in ACM removal safety
programs.
01/28/92: Brady pled guilty to one count false statements -18 USC 1001.
164
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Joseph Long
Scott Brady
(cont. from previous page)
04/30/92: Brady was sentenced to a fine of $2,000, $50 special
assessment, 1 year probation, and 200 hours community service
Anthony St. Angelo, Sr.
WN 91-0173
(D. Maryland)
Facts: Anthony St. Angelo, Sr. was president and owner of St. Angelo's
East Coast Furniture Renewal Service, Inc. located in Ijamsville,
Maryland.
05/23/91: St. Angelo was charged in a four-count indictment for illegal
disposal of hazardous waste - 42 USC 6928(d)(2)(A). Allegations were
that hazardous wastes from the furniture stripping process were dumped
into a trash dumpster and onto the ground in Ijamsville.
12/18/91: St. Angelo was convicted by trial jury on all four counts
Sam Lam
BCR-2738
(State Court of California)
Facts: Sam Lam transported hazardous waste from Barstow Marine
Corps Logistics Base to Barstow Solid Waste Landfill, San Bernardino
County, California without a permit to transfer, store, and dispose of
hazardous waste.
06/04/91: Sam Lam was charged in the Superior Court of California
with 16 felony counts of violation of 25189.5(6) California Health &
Safety Code - illegal disposal and 25189.5(C) • illegal transportation of a
hazardous waste.
05/29/92: Lam pled guilty in the Superior Court of California to five
felony counts of illegal disposal of hazardous waste, which will be
sentenced as misdemeanors.
Dale J. Mills
Dale Mills & Associates, Inc.
Sidney R. Holm
91-161-CR-T-15(C)
(M. D. Florida)
Facts: Dale Mills & Associates, Inc. was a Florida corporation whose
principal place of business was in Gainesville, Florida which was
primarily engaged in the business of the engineering design and
construction of municipal water supply and sewage treatment
facilities. Mills & Associates were in the business of constructing a
municipal wastewater treatment system for the town of Zolfo Springs,
which was financed by the Department of Agriculture via combination
of loans and grants made by the Fanners Home Administration
(FMHA). Through a series of false statements and representations,
Mills & Associates concealed information regarding the unsuitability
of the site for use as a wastewater spray field to obtain financing to pay
for construction of the facility. As a result of the unsuitability of the site,
as well as the poor design and construction of the spray field, effluent
was discharged on a regular basis into waters of the U.S. without an
NPDES permit in violation of the Clean Water Act. Dale J. Mills was a
licensed professional engineer and president and operator of Mills &
Associates. Holm was a resident inspector employed by Mills &
Associates to oversee all construction associated with the facility.
166
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Dale J Mills
Dale Mills & Associates, Inc.
Sidney R. Holm
(cont. from previous page)
06/11/91: Defendants were indicted on 10 counts including conspiracy -
18 USC 371, false statements - 18 USC 1001, and felony violations of the
Clean Water Act - 33 USC 1311(a) and 1319(c)(2)(A).
10/08/91: Sidney R. Holm pled guilty to one felony count of Clean Water
Act violations - 33 USC 1311(a) and 1319(c)(2)(A), and one count of false
statements - 18 USC 1001.
11/07/91: Mills and his company pled guilty to four counts including
false statements, mail fraud, and CWA violations.
01/29/92: Holm was sentenced to pay $50 special assessment, 24 months
probation, and 200 hours of community service.
03/11/92: Mills was sentenced to 10 months imprisonment plus 66
months supervised probation. He was also ordered to pay restitution of
$72,000 to FHA and the town of Zolfo Springs. Dale Mills & Associates,
Inc. was sentenced to 60 months probation and to pay restitution of
$72,000.
International Paper Company
91-00051-B
(D. Maine)
Facts: International Paper Company, Portland, Maine, is in the
business of papermaking.
07/03/91: International Paper Company was charged and pled guilty to
five felony counts of illegal storing and treating (burned) hazardous
waste at its Androscoggin Mill without a permit [42 USC 6928(d)(2)(A))
and of making a false material statement [42 USC 6928(d)(3)] and
thereby avoiding costly requirements of proper waste management.
International Paper Company was sentenced to pay fines totalling
$2,200,000, plus a felony assessment of $200 per count or $1,000. The mill
is the largest paper mill in Maine and the fine is the largest imposed in
Maine for environmental violations.
Bright Leaf Sewage Treatment, Inc.
(BLST)
Jerry Tyler
CR-91-21
(E D Kentucky)
Facts: Bright Leaf Sewage Treatment, Inc. (BLST) is a Kentucky
corporation which owns and operates a private sewage treatment plant
near Harrodsburg in the Eastern District of Kentucky. Jerry Tyler was
the president and principal shareholder of BLST.
07/11/91: BLST and Tyler were indicted on six felony counts of
knowingly discharging a pollutant (sewage) into Dry Branch, a
navigable water of the U.S., in violation of its permit - 33 USC 1311(a)
and 1319(c)(l)(A) and (2)(A). Tyler was indicted on one count of illegal
discharge violating the CWA - 33 USC 1311(a).
166
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Bright Leaf Sewage Treatment, Inc.
(BLST)
Jerry Tyler
(cont. from previous page)
10/09/91: BLST and Tyler each pled guilty to one felony count of
violating the CWA. BLST was fined $350,000 and will convey
ownership of sewage treatment plant, property, and equipment to operate
plant to the Homeowners' Association. Tyler was sentenced to convey
ownership of additional property to Homeowners' Association, to
publish a public apology for an environmental violation, and was
permanently barred from participating in the operation of sewage
treatment facilities.
Quad-Tex Oil & Gas Company, Inc.
Amvest Energy, Inc.
Ron S. Terry
CR-91-9
(E.D. Kentucky)
Facts: Quad-Tex Oil & Gas, Inc. is a branch or subsidiary company
engaged in oil and gas exploration and recovery which operates in the
Eastern District of Kentucky. Amvest Energy, Inc. is a Texas
corporation which owns and/or operates oil and gas leases in the
Eastern District of Kentucky. Ron S. Terry is the vice president of
Amvest and the president of Quad-Tex.
07/11/91: Defendants were indicted on one count of knowingly
discharging a pollutant into the navigable waters of the U.S. in
violation of the Clean Water Act - 33 USC 1311(a) and 1319(c)(2)(A).
10/07/91: Ron S. Terry pled guilty to the indictment.
11/14/91: Quad-Tex Oil & Gas Company, Inc. and Amvest Energy, Inc
each pled guilty to the indictment.
12/10/91: Quad-Tex and Amvest were each sentenced to pay $50 special
assessment. Terry was sentenced to $2,800 fine, $25 special
assessment, plus 12 months probation ($1,400 of the fine was suspended
with provision that $1,400 restitution be paid to the Kentucky Hazardous
Waste Management Fund).
Defense Systems Corp.
(aka Hi-Shear Technology)
Eugene Holderness
Richard Heuer
Harold Karp
N-91-69-HDM
(D. Nevada)
Facts: Defense Systems Corporation (aka Hi-Shear Technology) was
incorporated in the state of Delaware and was in the business of
retailing and manufacturing explosive devices, including the
manufacture of the rocket propellant and the electronic machinery
components which were placed within explosive devices. The
corporation was also incorporated in the state of Nevada. Defense
Systems Corp. was the successor corporation of Hi-Shear. The
manufacturing and retailing of explosive devices generated hazardous
waste which Defense Systems did knowingly transport, and cause to be
transported from their facility in Saugus, California to Storey County,
Nevada without a hazardous waste manifest, as required by RCRA.
Also defendant and others did knowingly store a hazardous waste at an
unpermitted facility in Storey County, Nevada - 42 USC 6928(d)(2)(A).
167
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Defense Systems Corp.
(cont. from previous page)
Eugene Holderness was the executive assistant to the president and
general manager of Defense System Corporation. Richard Heuer was
director of operations at Defense Systems. Harold Karp was the
manager of the shipping and receiving department at Defense Systems
07/23/91: Holderness, Heuer, and Karp were indicted and charged with
illegal transportation of hazardous waste without a manifest according
to RCRA - 42 USC 6928(d)(5) and false statements • 18 USC 1001.
Holderness was also indicted on illegal storage of a hazardous waste -
42 USC 6928(d)(2)(A).
09/17/91: Defense Systems Corporation was indicted and pled guilty to
four counts of illegal transportation and storage of hazardous waste in
violation of RCRA - 42 USC 6928(d)(5) and (d)(2)(A).
12/18/91: Defense Systems was sentenced to a fine of $750,000.
05/21/92: Holderness was convicted by trial jury on all counts. Heuer
was found guilty of making false statements. Karp was acquitted on all
charges.
Reliable Sanitation Service
90-CR-1559
(Colorado State Court)
Facts: Jay Ringler was chief operating officer of Reliable Sanitation
Service (RSS) and pled guilty on behalf of RSS to a felony violation of
CRS 29-22-108 (caused and contributed to the occurrence of a hazardous
substance incident).
07/29/91 Ringler was charged, pled guilty, and was sentenced to a $5,000
fine plus court costs. Ringler and RSS had already paid $11,114 41 in
clean-up costs.
Daniel Workman
Terry Lee Tebben
91-CR-143
(W.D. Pennsylvania)
Facts: Daniel Workman was employed by Geo-Con, Inc. as general
superintendent at site. Terry Lee Tebben was employed by Geo-Con,
Inc. as the site safety and health officer. Geo-Con, Inc , a
Pennsylvania corporation, had entered into a contract with the U S
Army Corps of Engineers to perform remedial work at Bruin Lagoon
(EPA Superfund site). Workman, Tebben, and others did willfully and
knowingly conspire to defraud the government by obtaining by Geo-Con
payment of false claims.
08/14/91: Workman was indicted on six counts of false claims (18 USC
286 and 287, and 18 USC 1031). Tebben was indicted on three counts of
conspiracy and false statements (18 USC 371 and 18 USC 1001).
10/09/91: Workman entered a guilty plea to one count of false claims
(18 USC 286).
01/03/92: Tebben pled guilty to one count false statements - 18 USC 1001
168
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Daniel Workman
Terry Lee Tebben
(cont. from previous page)
03/05/92: Tebben was sentenced in Wyoming (place of residence being
Casper, Wyoming) to 2 months home detention plus 24 months
probation.
05/01/92: Workman was sentenced to 5 months imprisonment to be
followed by 5 months home detention.
Halle Marina, Inc.
Michael T. Strandquist
S-91-0297
(D. Maryland)
Facts: Halle Marina, Inc. operated a marina and campground located
on Breezy Point Road, Chesapeake Beach, Calvert County, Maryland,
and was a Maryland corporation. Halle Marina consisted of
approximately 125 campsites, a bath house, restaurant, ship's store and
other buildings, and a boat basin of approximately 200 ships. Halle
Marina, Inc. and Michael T. Strandquist (manager) periodically
caused the raw sewage collected from holding tanks of the Halle
Marina campground to be discharged into the boat basin located on
Plum Point Creek (a navigable water of the U.S.) without a permit.
08/15/91: Halle Marina, Inc. and Michael T. Strandquist were charged
in a three-count indictment for knowingly discharging pollutants into
a navigable water of the U.S. without a permit, in violation of the Clean
Water Act - 33 USC 1311(a) and 1319(c)(2).
11/08/91: A trial jury in Maryland District Federal Court found
Strandquist guilty of two felony counts of the CWA and Halle Marina,
Inc. guilty of two felony counts of knowing discharge and one
misdemeanor of negligent discharge.
02/28/92: Strandquist was sentenced to 5 months imprisonment,
followed by 5 months of home detention, and 1 year of supervised
release. Halle Marina, Inc. was fined $17,000, plus $525 special
assessment.
Ray R. Pleasant
CR-2-91-35
William F. McMurray
CR-2-91-34
(E.D. Tennessee)
Facts: William F. McMurray and Ray R. Pleasant allegedly had
pumped water contaminated with diesel fuel from underground storage
tanks and from an excavated pit on Pleasant's property in Kingsport,
Tennessee into a storm sewer which emptied into the Madd Branch of
the Holston River.
08/21/91: McMurray and Pleasant were charged and pled guilty to a
two-count information for negligent discharge of oil-contaminated
water in violation of the CWA - 33 USC 1311(a) and 1319(c)(l), and
violation of the Migratory Bird Treaty Act - 16 USC 703 and 707(a),
stemming from deaths of numerous waterfowl as a result of the
discharge.
10/30/91: McMurray and Pleasant were each sentenced to pay fines in
the amount of $7,500. Pleasant was also ordered to pay restitution of
$2,600 to the City of Kingsport and $1,200 to the state of Tennessee.
169
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRIMINAL INVESTIGATION DIVISION
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket NoVCourt
Facts and Status
York Metal Finishing Company
Edwin A. Walter
CR-91-427
(E.D Pennsylvania)
Facts: York Metal Finishing Company and Edwin A Walter
allegedly stored and caused to be stored at the York facility in
Philadelphia, hazardous waste in the form of waste water treatment
sludge from electroplating operations, without a permit, in violation of
RCRA - 42 USC 6928(d)(2)(A), and in violation of the pretreatment
standards of the CWA - 33 USC 1319(c).
09/11/91: York Metal Finishing Company and Edwin A. Walter were
charged and pled guilty to a two-count information for violations of
RCRA and CWA.
Marvin Mueller
John M. Hall
91-0204-CR(4)
(E.D. Missouri)
Facts: Marvin Mueller was the owner/operator and proprietor of
Lafayette Square Cleaners, St. Louis, Missouri.
09/20/91: Mueller was charged in a two-count information for illegal
storage and disposal of hazardous wastes, in violation of RCRA - 42 USC
6928(d)(2)(A).
09/26/91: Mueller pled guilty to the information as charged.
12/13/91: Mueller was sentenced to 4 months incarceration, plus 4
months home confinement on each of two counts to run concurrently, 2
years probation, $100 special assessment, and $91,454 restitution to the
state of Missouri and Jefferson County for clean-up and investigation
costs.
01/09/92: John M. Hall was charged with five counts of conspiracy - 18
USC 371, illegal storage and disposal of hazardous waste - 42 USC
6928(d)(2)(A), and failure to notify under CERCLA - 42 USC 9603(b).
03/24/92: Hall pled guilty to one count CERCLA violations.
06/29/92: Hall was sentenced to $3,000 fine, $50 special assessment, and
4 years probation.
John H. Curtis
A91-075CR
(D. Alaska)
Fact: John H. Curtis was former Fuels Division Director for the Naval
Air Station, at Adak, Alaska.
09/25/91: Curtis was charged with a five-count indictment for
negligently allowing fuel to leak from an underground pipeline and
subsequently flow into the Bering Sea in violation of the Clean Water
Act-33 USC 1319.
03/18/92: Curtis was convicted on three counts.
05/26/92: Curtis was sentenced to 10 months imprisonment.
170
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Fiscal Year 1992
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Steven J Zurkowsky
91-00159
(W.D. Virginia)
Facts: Steven J. Zurkowsky was manager and operator of the Mimslyn
Hotel in Luray, Virginia, and illegally removed and buried asbestos
while conducting a renovation of the hotel.
10/18/91: Zurkowsky was indicted on two counts of violations of the
Clean Air Act - 42 USC 7413(c)(l)(C) for improperly removing and
disposing friable asbestos and failure to notify under CERCLA - 42 USC
9602(b) and 9603(b).
James R. Hunt
L91CR-395
(N.D. Georgia)
Facts: James R. Hunt was owner/operator of Action Testing &
Consulting Labs, Inc., Tucker, Georgia, which operates as a laboratory
brokerage service offering commercial product analysis and
environmental laboratory analysis.
11/05/91: Hunt was indicted on two counts of paying an employee to
illegally transport and dispose of 76 drums of hazardous waste at
various sites in and around Atlanta, in violation of RCRA • 42 USC
6928(d)(l) and (d)(2)(A).
06/01/92: A 2-week trial resulted in a deadlock and the judge declared a
mistrial. Case will be re-tried at a later date.
Frank J. Jordan
CR-91-414
(D. Oregon)
Facts: Ore-Ida Foods, Inc., a Delaware corporation with headquarters
in Boise, Idaho, operates a vegetable processing plant in Ontario,
Oregon. Frank J. Jordan was employed by Ore-Ida Foods, Inc. as the
environmental controls supervisor at the Ore-Ida Waste Water
Treatment Plant in Ontario, Oregon. He managed and oversaw all the
wastewater treatment plant operators, lab technicians, maintenance
men, and truck drivers.
11/14/91: Jordan was charged in an eight-count indictment with permit
violations of the Clean Water Act - 33 USC 1311(a) and 1319(c)(2)(A),
tampering with a monitoring device - 33 USC 1319(c)(4), and
falsification of Discharge Monitoring Reports - 18 USC 1001.
03/24/92: Jordan pled guilty to one count of CWA violations of
tampering with a monitoring device.
06/15/92: Jordan was sentenced to 60 days house arrest, $5,000 fine, 60
months probation, and 100 hours community service.
171
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Jeffrey Pytlarz
90-CR-939-1
Cheryl Em rich
90-CR-939-2
Andrew L. Neulander
90-CR-939-3
(N.D. Illinois)
Facts: Jeffrey Pytlarz was owner and president of P&H Plating Co ,
Inc., Chicago, Illinois. Cheryl Emrich was employed by P&H Plating
as the technical and environmental manager. Andrew Neulander was
employed by P&H Plating as the wastewater treatment supervisor
Pytlarz knowingly directed co-defendant Emrich to order co-defendant
Neulander to discharge unlawful plating solutions through an
unmonitored drain into a sewer system that ultimately released into the
North Shore Channel and the North Branch of the Chicago River
11/29/91: Pytlarz and Emrich pled guilty to a one-count indictment
charging violations of the Clean Water Act - 33 USC 1317 (b) and (d) and
1319(c)(2).
12/10/91: Neulander pled guilty to a two-count indictment charging
violations of the Clean Water Act - 33 USC 1317(b) and (d) and
1319(c)(2).
04/02/92: Emrich was sentenced to 36 months probation, 220 hours of
community service, and $50 special assessment.
04/23/92: Neulander was sentenced to 4 months home detention, 36
months probation, 200 hours community service, and $100 special
assessment.
05/26/92: Pytlarz was sentenced to 15 months incarceration, 12 months
supervised probation, and $50 special assessment.
United States Sugar Corp.
91-8125-CR- Paine
(S.D. Florida)
Facts: United States Sugar Corp. (USSC) is headquartered in Clewiston,
Florida with additional facilities throughout the state. USSC is
primarily engaged in the cultivation, harvesting and milling of sugar
cane, citrus and vegetable production and processing, and raising beef
cattle. USSC generated spent solvents in the milling and maintenance
departments.
12/03/91: USSC was charged and pled guilty to an eight-count
information for illegal disposal and transportation of hazardous waste
in violation of RCRA - 42 USC 6928(d)(2)(A) and (dXD and (5).
03/04/92: USSC was fined $3,750,000.
172
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket NoVCourt
Facts and Status
Maryland Assemblies, Inc.
William S. Drum, III
Edward Viola
Jesse V. Hick man
Timothy L. Stan ton
Richard L. Herr
Edward W. Viola
Rachel E. Rogers
Eugene Stewart
Joseph L. LahifT
CR-91-04046
(N.D Florida)
Facts: Maryland Assemblies, Inc. (MAI) was a Maryland corporation
with its headquarters in Perry, Florida until after 12/29/88, when it
became a Florida corporation. MAI manufactured various pyrotechnic
and explosive materials under contracts from the U.S Army, Air
Force, and Navy. William S. Drum, III was CEO and owner of
Maryland Assemblies.
12/12/91: A 192-count indictment was filed alleging that certain
Maryland Assemblies executives and associates caused the
falsification of invoices and supporting documents in order to request
over $11.2 million in progress payments under Department of Defense
contracts. Indictment charged defendants with conspiring to defraud
the government by submitting false statements and claims, mail fraud,
bank fraud, violations of dealing in explosive materials without a
license, improper disposal of hazardous materials, and racketeering
Drum was indicted on all 192 counts while others were indicted with
various counts.
02/03/92: Edward Viola, President of MAI, pled guilty to two counts
including conspiracy to submit false statements - 18 USC 371 and RCRA
violations of disposing of a hazardous waste without a permit - 42 USC
6928(d)(2). Edward W. Viola, engineering manager of MAI, pled
guilty to one count of false statements -18 USC 1001.
08/24/92: Jesse V. Hickman and Timothy L. Stanton pled guilty to one
count conspiracy - 18 USC 371.
Nedmarc, Inc.
Henry R. Edelberg
2:91CR-102EBB
(D. Connecticut)
Facts: Nedmarc, Inc., a Connecticut corporation, owned and operated a
truck trailer leasing facility in Colchester, Connecticut. Edelberg was
president and operator of Nedmarc and owned two-thirds interest in the
property at which Nedmarc facility is located.
12/17/91: Nedmarc and Edelberg were charged in a two-count
indictment for illegal storage and disposal of hazardous waste without a
permit (disposing 20 drums containing industrial solvents and
cyanides into the ground at the Colchester property), in violation of
RCRA - 42 USC 6928(d)(2)(A).
05/27/92: Nedmarc, Inc. and the company's owner, Henry R. Edelberg,
pled guilty to two counts RCRA violations.
07/27/92: Edelberg (sentenced for company and himself) was sentenced
to 6 months home detention, 3 years probation, 150 hours community
service, and $213,906.52 restitution to the state of Connecticut.
173
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket NoVCourt
Facts and Status
Higman Sand and Gravel, Inc.
Harold C. Higman
(aka Bud Higman)
Harold C. Higman, Jr.
CR-91-4026
(ND Iowa)
Facts: Higman Sand and Gravel, Inc. was an Iowa corporation located
in Akron, Iowa adjacent to the Big Sioux River. Higman Sand and
Gravel, Inc. was in the business of selling sand and gravel and
dealing in scrap metal. The corporation did not have a permit to store
hazardous waste under RCRA. Higman and Higman were employees
of the corporation.
12/18/91: A one-count indictment was filed charging defendants with
illegal storage of hazardous waste without a permit under RCRA -
42 USC 6928(d)(2)(A).
11/13/92: All defendants found not guilty by trial jury.
Dennis Marchuk
Jeanne Alvarez
Robert Tann
Michael Kelly
91-000669
(E.D. Pennsylvania)
Facts: Dennis Marchuk was president of Strathaven Realty Corp , a
limited partnership of Marcus Hook Business and Commerce Center,
Ltd. (MHBCC), located in Marcus Hook, Pennsylvania. Defendants
Marchuk and Jeanne Alvarez exercised control and supervision of
MHBCC and Strathaven employees engaged in renovation and
demolition of buildings at the MHBCC site, including the removal and
disposal of friable asbestos-containing waste material.
Robert Tann and Michael Kelly were doing business as K&T
Enterprises to remove friable asbestos-containing material from
buildings at MHBCC and were hired by defendant Marchuk.
12/12/91: A nine-count indictment was filed charging Marchuk and
Alvarez with violations of the Clean Air Act - 42 USC 7412 and
7413(c)(l)(C) and CERCLA involving illegal disposal of hazardous
material (asbestos) - 42 USC 9603(b). Marchuk and Alvarez were
charged with directing defendants Kelly and Tann to excavate friable
asbestos, during which time the release of a hazardous substance was
released into the environment without a permit, and failure to notify the
U.S. Kelly and Tann were charged with two counts knowingly
violating the asbestos emission and work practice standards - 42 USC
7412 and 7413(cXlXC) and CERCLA - 42 USC 9603(b).
Humane Coyote Getters, Inc.
Raymond V. Hall
91-CR- 443
(D Colorado)
Facts: Raymond V. Hall, manager/owner of Humane Coyote Getters,
Inc., was in the business of manufacturing and selling chemical
cartridges containing sodium cyanide. During manufacturing,
hazardous waste was knowingly stored and discarded without a permit
12/31/91: Information filed against Humane Coyote Getters, Inc.
charging FIFRA violations of having knowingly sold pesticides whose
registration had been canceled by US EPA - 07 USC 136j and 1361, and
charging Raymond V. Hall with illegal storage of a hazardous waste
without a permit - 42 USC 6928(dX2)(A).
174
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Humane Coyote Getters, Inc.
(cont from previous page)
01729/92: Defendants entered into plea agreement.
03/23/92: Humane Coyote Getters was sentenced to a fine of $2,250, $125
special assessment, and 12 months probation. Hall was sentenced to a
fine of $2,000, $50 special assessment, 6 months home detention, 36
months probation, and 150 hours community service.
Gerald Wright
Jimmie D. Rogers
CR92-002-S
(E.D. Oklahoma)
Facts: Gerald Wright was superintendent and manager of the
Sequoyah County Utility Service which operated as a public water
system at the Jimmie Rogers Lakeside Addition in Oklahoma. Jimmie
D. Rogers had hired Wright and allegedly directed him to falsify
monthly turbidity data pursuant to the Safe Drinking Water Act
01/09/92: Wright was charged in a seven-count indictment with
falsification of monthly operation reports regarding turbidity data that
were not the result of proper sample analysis -18 USC 1001.
02/26/92: Wnght pled guilty to three counts false statements.
04/14/92: Wright was sentenced to a fine of $250 plus $150 special
assessment, and 12 months probation on each of three counts to run
concurrently.
04/23/92: Jimmie D. Rogers was indicted on four counts of aiding and
abetting of false statements regarding the monthly operational reports
required by the SDWA -18 USC 1001.
06/04/92: On this date the court sustained motion to dismiss charges
after jury trial began on 06/01/92.
00/00/92: Wright filed appeal based upon jurisdictional grounds.
06/04/92: Rogers was acquitted on four counts of 18 USC 1001, based on
defense motion for acquittal at the close of the government's case.
03/15/93: Tenth Circuit affirmed Wright's conviction, and ruled that
reports submitted to a state agency, through a county agency, are within
the jurisdiction of an agency of the United States, where the reports are
required by federal regulation.
175
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Dennis W. Nix
92-00004-01-CR-W
(W.D. Missouri)
Facts: Dennis W. Nix was president of AmerEco Environmental
Services, Inc., Kingsville, Missouri. AmerEco was in the business of
disposal of polychlorinated biphenyls (PCBs), a substance previously
used in electrical equipment. AmerEco had contracts with the U S
Department of Defense to dispose of electrical transformers containing
PCBs in compliance with the Toxic Substances Control Act.
01/14/92: Nix was charged in a two-count information with conspiracy -
18 USC 371 and improperly disposing of PCB transformers in violation
of the Toxic Substance Control Act -15 USC 2614 and 2615(b).
02/28/92: Nix pled guilty to the information.
07/16/92: Nix was sentenced to 4 months house arrest for each count to
run concurrently, 3 years probation for each count to run concurrently,
and $50 special assessment.
Ronald William Meyers
CR-92-12PA
(D. Oregon)
Facts: Ronald William Meyers was President/Chief Executive Officer
of Sutherlin Industries, Inc. of Sutherlin, Oregon. Sutherlin Industries
is a steel fabrication company which generated certain hazardous
wastes.
01/15/92: Meyers was charged in a one-count information and pled
guilty to illegal storage of an ignitable hazardous waste (spent xylene
and methylene chloride) at an unpermitted facility in violation of
RCRA - 42 USC 6928(d)(2)(A).
04/27/92: Meyers was sentenced to a fine of $9,000, 60 months probation,
and 80 days of community service.
Gordon S. Bird, Jr.
92-CR-21G
(D. Utah)
Facts: Xtron Corporation, incorporated in the state of Utah, operated a
gallium recovery facility in Blanding, Utah. As part of the recovery
operation, Xtron handled hazardous wastes. Gordon S. Bird was
President and owner/operator of Xtron.
01/16/92: Bird was charged in a two-count indictment with knowingly
storing and disposing of hazardous wastes (specifically arsenic and
cadmium) without a permit in violation of RCRA - 42 USC
6928(d)(2)(A).
176
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Robert M Bnttingham
John J. LoMonaco
3-92CR-032
(N D Texas I
Facts: Dai-Tile, Inc. is a manufacturer of ceramic products and
operates a plant in Dallas, Texas. Brittingham was Chairman of the
Board of Directors, and oversaw and participated in day-to-day
operations of the Dallas manufacturing plant. LoMonaco was
President of Dai-Tile and managed daily activities of the Dallas plant.
01/16/92: A 17-count indictment charged Brittingham and LoMonaco
with transporting and disposing of hazardous waste at an un perm it ted
facility in southeastern Dallas County in violation of RCRA - 42 USC
6928(d)(l) and (2)(A) and conspiracy - 18 USC 371.
03/11/93: Brittingham and LoMonaco were each convicted on eight
RCRA felony counts. Each defendant was found guilty of violating
RCRA by illegally dumping hazardous wastes into a gravel pit and of
violating RCRA by transporting hazardous wastes to an unpermitted
facility. The defendants were each acquitted on one count of
conspiracy. United States v. Brittingham. et al.. Criminal No. CR-3-
92-032-R (N.D. TX Mar. 11, 1993)
Merlin D. Long
Terry D. Lingle
David R. Rieman
CR 92-16Z
Panama Machinery & Equipment
Co., Inc.
Manney Herman
Leonard R. Berman
Leon H. Berman
CR-92-17
(WD. Washington)
Facts: Hazardous wastes had been generated at Panama Machinery
and Equipment Company, Inc., dba The Everett Steel Companies in
Everett, Washington. Manney Berman is the president and principal
owner of Panama Machinery and Equipment. Leon Berman and
Leonard Berman are vice presidents in the corporation. Long, Lingle,
and Rieman were transporters. 292 55-gallon drums of highly
ignitable hazardous waste were illegally disposed of in a rural pasture
in southeastern Washington 400 miles from the generator.
01/16/92: A 10-count indictment was returned against three illegal
transporters and disposers of hazardous wastes: Long, Lingle, and
Rieman. They were charged with conspiracy to violate RCRA - 18 USC
371 and illegal storage, transportation, and disposal of hazardous waste
in violation of RCRA - 42 USC 6928(d).
01/17/92: The Herman's and Panama Machinery & Equipment Co.,
Inc. were charged and pled guilty to a one-count information charging
conspiracy to violate RCRA • 18 USC 371.
05/05/92: Long, Lingle, and Rieman each pled guilty to one count
conspiracy to violate RCRA.
06/15/92: Manney Berman, Leonard Berman, and Leon Berman were
all sentenced to 1 year imprisonment. Panama Machinery &
Equipment Co., Inc. was sentenced to 60 months probation and to pay
$497,458.19 in restitution.
177
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Merlin D. Long, et al.
(cont. from previous page)
08/18/92: Long was sentenced to $2,000 fine, 6 months imprisonment,
and 36 months probation. Lingle and Rieman were sentenced to $2,000
fine, 2 months imprisonment, plus 4 months of work release, and 36
months probation.
Pacific Enterprises Oil Company (USA)
92-CR-003
(D. Wyoming)
Facts: Pacific Enterprises Oil Company was a corporation incorporated
in the state of California and qualified to do business in Wyoming.
The company operated oil and gas production fields throughout the state
of Wyoming and the U.S. including fields located on public lands
leased from the Bureau of Land Management. Part of the chemicals
used in oil and gas production operations, when discarded as wastes,
constitute hazardous waste under RCRA. Some of the solid waste also
included used asbestos (heater treaters).
01/21/92: Pacific Enterprises Oil Company was charged and pled guilty
to an eight-count indictment for knowingly, willfully, and unlawfully
using public lands in a manner contrary to regulations and without
authorization from the Secretary of the Interior to do so - 43 USC 1733(a).
This included illegal disposal of hazardous wastes.
Pacific Enterprises was sentenced to pay a fine in the amount of
$1,600,000, plus $1,000 special assessment, and restitution to Bureau of
Land Management of 1,000 acres of land along the Green River in
Uinta County, Utah.
Kenneth R. Nugent
CR-92-10020WF
(D Massachusetts)
Facts: Kenneth R. Nugent was hired as an environmental consultant
by Evergreen Construction Company, Bellingham, Massachusetts.
Evergreen Construction was a Massachusetts corporation engaged in
construction and environmental services which included hazardous
waste clean-up and removal as well as installation of underground
storage tanks. Nugent's responsibilities included obtaining permits
necessary to operate the environmental services division.
01/29/92: Nugent was indicted on one count of allegedly submitting
false documentation to EPA, as required for permit application by
RCRA, 18 USC 1001.
05/26/92: Nugent pled guilty as charged.
08/25/92: Nugent was sentenced to $50 special assessment and 12
months probation.
178
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Shell Pipe Line Corporation
4-92-CR-00024
(E.D. Missouri)
Facts: Shell Pipe Line Corporation is incorporated by the state of
Maryland and operated the Ozark Pipeline which runs from Gushing,
Oklahoma to Wood River, Illinois. On December 24, 1988, Ozark
Pipeline ruptured in Maries County, Vienna, Missouri, releasing
approximately 863,268 gallons of crude oil into a tributary of the
Gasconade River, and eventually into the Missouri and Mississippi
Rivers.
02/03/92: Shell Pipeline Corporation was charged and pled guilty to a
one-count information charging violations of the Refuse Act - 33 USC
407 and 411, by unlawfully discharging and depositing refuse into a
navigable water of the U.S. without a permit. Shell was sentenced to pay
a fine of $200,000 and restitution of $800,000 to the U S., Missouri
Department of Natural Resources, and state school districts.
Carbonator Rental Service, Inc.
CR 92-62
(E.D. Pennsylvania)
Facts: Carbonator Rental Service, Inc. was a Pennsylvania
corporation. The Carbonator facility contained more than 15 square
meters of friable asbestos material on ceiling and structural
components.
02/13/92: Carbonator was charged in a two-count information with
causing employees to strip friable asbestos materials and in the process
did knowingly violate emission standards applicable to a hazardous
air pollutant (friable asbestos material) in violation of the asbestos
work practice standards in violation of the Clean Air Act - 42 USC
7412(c)(l)(B) and (e) and 7413(c)(l)(C).
03/09/92: Carbonator pled guilty to the two-count information as
charged.
09/18/92: Sentenced to 300 hours of community service.
Darrel W. Caster
CR-92-6-M-CCL
(D Montana)
Facts: Darrel W. Caster dba Precious Metals Plating near Bonner,
Montana, operated a commercial metal plating facility. Through use
and operation of its commercial metal plating facility, Precious Metals
generated hazardous waste.
02/19/92: Caster was charged in a three-count felony indictment with
knowingly discharging pollutants to the Big Blackfoot River without a
permit in violation of the-Clean Water Act - 33 USC 131 l(a) and
1319(c)(2) and illegal storage and disposal of hazardous waste - 42 USC
6928(d)(2).
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket NoVCourt
Facts and Status
Calvin W Browder
CR-3:92-00066
(D South Carolina)
Midlands Utility, Inc.
Charles B. Parnell
CR 3:92-401
(D. South Carolina)
Facts: Calvin Browder was a licensed operator of Midlands Utility,
Inc. - a wastewater treatment plant located in Lexington, South
Carolina. Browder's duties included supervision and maintenance of
the wastewater treatment facilities.
02/24/92: Browder was charged in a one-count felony indictment with
discharging wastewater and sewage into Nicholas Creek without a
permit in violation of the Clean Water Act - 33 USC 1311(a) and
1319(c)(2)(A).
07/16/92: Browder pled guilty to the indictment as charged.
Facts: Charles B. Parnell was the president and owner of Midlands
Utility, Inc. Midlands Utility, Inc. owned and operated the Royal Hills
Residential Wastewater Treatment Plant located in Fairfield County,
South Carolina. Parnell failed to operate and maintain the facilities
and treatment systems in order to comply with the NPDES permit
requirements for the Royal Hills Wastewater Treatment Plant.
07/16/92: Information was filed charging defendants with violations of
the Clean Water Act - 33 USC 1311(a) and 1319(c)(2XA).
08/30/92: Parnell and Midlands Utility, Inc. pled guilty as charged in
the information.
Betty Rose White
Laverne Evelyn Jacobsen
Paul Ray Capps
Thomas Scott Schlickeiser
Jonathon E. Howard
John H. Atkins
Nina E. Mirich
92-0285-92-0291
(Oregon State Court)
Facts: The group of defendants had been working together in a scrap
metal salvaging operation to obtain and salvage electrical capacitors,
ballasts, and transformers for their copper value. The process resulted
in multiple illegal PCB disposals on at least seven sites including U S
Forest Service land an'd private property.
02/24/92: Defendants were indicted in Oregon State Circuit Court for
Claekamas County on: criminal mischief in first degree (felony) -
ORS 164.365; reckless burning (misdemeanor) ORS 164.335; placing
noxious/offensive substances (PCBs) on property (misdemeanor) - ORS
164/895; and failure to keep metal purchase records ORS 165.107.
04/17/92: White pled guilty to two counts reckless burning of
transformers and criminal mischief. Mirich and Howard each pled
guilty to one count of reckless burning of transformers.
05/07/92: Schlickeiser pled guilty to one count reckless burning of
transformers and one count placing noxious substance on property
Jacobsen pled guilty to two counts reckless burning of transformers and
one count placing noxious substance on property.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Betty Rose White, et al.
(cont. from previous page)
06/25/92: White was sentenced to 1 day incarceration, 60 months
probation, and $10,000 fine (suspended). Jacobsen was sentenced to 60
months probation and $2,500 fine (suspended). Schlickeiser, Howard,
and Mirich were sentenced to 36 months probation and $1,000 fine
(suspended). Charges against Atkins were dismissed due to lack of
evidence. Capps remains a fugitive.
Richard I. Johnson, Sr.
Richard I. Johnson, Jr.
Joseph Rosinski
Joan Chuba
CR-92-39A
(W.D. New York)
Facts: Envirotek, Ltd. was incorporated and authorized to operate in
New York, holding itself out as a treatment-storage-disposal (TSD)
facility. Envirotek's plant/facility was located at Tonawanda, New
York. Richard I. Johnson, Sr. was owner and in overall control of
Envirotek while Richard I. Johnson, Jr. ran the day-to-day operations
Joseph Rosinski is alleged to have been a close associate of Johnson, Sr
who assisted in the illegal disposal of hazardous waste.
02/26/92: A 21-count indictment was filed charging defendants.
Richard Johnson, Sr , Richard Johnson, Jr., and Joseph Rosinski were
charged with conspiracy to violate the federal environmental laws -
18 USC 371. Johnson, Sr. and Johnson, Jr. were also charged with
illegal treatment, storage, and disposal of hazardous wastes under
RCRA- 42 USC 6928(d) and false statements - 18 USC 1001. The
indictment also charges the Johnsons and Joan Chuba with conspiracy
to commit bankruptcy fraud - 18 USC 1623 and 152.
James E. Johnson
Larry E. Nance, Sr.
6-92-CR-ll
(E.D. Texas)
Facts: James E. Johnson was the County Commissioner for Precinct 4 in
Gregg County, Texas. Larry Nance was acting as supervisor for the
road crew employees serving Precinct 4. Johnson and Nance allegedly
dumped hazardous wastes into a pit near the Gregg County Airport.
02/28/92: A three-count indictment was filed against defendants
charging conspiracy - 18 USC 371, illegal storage and disposal of
hazardous waste without a permit in violation of RCRA - 42 USC
6928(d)(2)(A), and transportation of a hazardous waste without a
manifest (d)(5).
03/25/92: Charges against Nance were dismissed by government.
05/07/92: A jury trial acquitted Johnson of all charges.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Tariq Ahmad
Rafat Asrar
Mobashir Ahmad
CR-92-201
(C.D. California)
Facts: Tanq Ahmad was president of Pacific Energy and Mining Co
located in Reno, Nevada. Ahmad also acquired Shankman
Laboratories, Inc. located in Chats worth, California and incorporated
in Nevada. M. Ahmad worked for T. Ahmad at Shankman
Laboratories. Asrar also worked for Shankman Laboratories The
defendants conspired and set fire to Shankman Laboratories' building
and property used in interstate commerce to make it look accidental
and to collect insurance money.
03/19/92: Tanq Ahmad was charged with 15 counts of conspiracy - 18
USC 371, arson - 18 USC 844, mail fraud- 18 USC 1341, and illegal
transportation and export of hazardous waste to an unpermitted facility
without a manifest in violation of RCRA - 42 USC 6928(d)(l),(4),(5), and
(6), and falsification to the grand jury - 18 USC 1623. Asrar and M
Ahmad were charged with conspiracy and arson.
08/24/92: Superceding indictment was filed against Tariq Ahmad and
Rafat Asrar charging money laundering. Charges against Mobashir
Ahmad were dismissed by motion from the government.
Stevens Analytical Laboratories, Inc.
Alan Stevens
CR-91-00335
(D. Massachusetts)
Facts: Alan Stevens was owner/operator and president and lab director
of Stevens Analytical Laboratories, a corporation located in Stoneham,
Massachusetts. Stevens, as lab director, was certified to scientifically
analyze and test drinking water samples to determine chemical
components. Stevens' customers included companies who needed water
samples analyzed to comply with environmental regulations.
03/23/92: Stevens and his corporation were charged in a 10-count
information for scheming and defrauding customers by mailing false
analyses reports to customers who paid for analyses and relied upon
them (mail fraud) - 18 USC 1341.
05/27/92: Stevens and his corporation each pled guilty to 10 counts of
mail fraud.
09/21/92: Stevens was sentenced to 6 months home detention and 1 year
probation. The company was sentenced to $500 special assessment and
$4,140.50 restitution. No fine was imposed due to the financial
condition of the company.
Samuel Gratz
CR-92-00141
(E.D. Pennsylvania)
Facts: Lannett Pharmaceutical, Inc. was a Pennsylvania corporation
engaged in manufacturing pharmaceuticals with facilities located in
Philadelphia. Astrochem Corp. was a subsidiary of Lannett located m
northern New Jersey. Gratz was president and chairman of the Board
of Directors of Lannett and vice-president of Astrochem. Gratz
allegedly had employees transport hazardous waste (such as phosgene
and sodium cyanide and other characteristic wastes that were ignitable,
reactive, or corrosive) from the Astrochem facility to the Lannett
facility for storage and disposal.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket NoVCourt
Facts and Status
Samuel Gratz
(cent, from previous page)
03/24/92' Gratz was indicted on four counts of illegal transportation of
hazardous waste to an unpermitted facility without a manifest in
violation of RCRA - 42 USC 6928(d)(l) and (5), illegal storage of a
hazardous waste - 42 USC 6928(2)(A), and discharging pollutants down
a storm drain which discharged into the Delaware River, a navigable
water of the U.S. without a permit, in violation of the CWA - 33 USC
1311(a)and 1319(c)(2).
09/30/92: Gratz was convicted of all four counts as charged in the
indictment.
Nancy Berry Walker
CR-92-79
(D. Arizona)
Facts: Nancy Berry Walker is owner/operator of a mobile home park,
River Ranch Villas, near Mammouth, Arizona. Walker allegedly
falsified information regarding analysis of water supplied to the
mobile home park.
03/25/92: Walker was charged and pled guilty to a one-felony-count
information for falsification of documents regarding bacterial
analysis of water for compliance with the Safe Drinking Water Act
permit- 18 USC 1001.
04/17/92: Walker was sentenced to 12 months probation with the
understanding that she must stay in compliance with the SDWA permit,
filing accurate and timely reports. Walker also was required to
publish an advertisement in a mobile home industry periodical
admitting violations of the SDWA.
Rockwell International Corporation
CR-92-107
(D. Colorado)
Facts: The U.S Department of Energy (DOE) was responsible for
making nuclear material for defense programs. Rocky Flats Plant
located near Golden, Colorado was one of DOE's nuclear weapons
facilities. Rockwell International Corporation operated and managed
the Rocky Flats facility from 06/30/75 - 12/31/89.
03/26/92: A 10-count felony information and plea agreement were filed
charging Rockwell International with illegal storage and treatment of
hazardous waste, in violation of RCRA - 42 USC 6928(d)(2)(A) and (C)
and knowingly illegal discharge and release of nonsanitary
industrial wastes (including toxic and hazardous) to the Rocky Flats
sewage treatment plant, in permit violations of the Clean Water Act - 33
USC 1311(a) and 1319(c)(l)(A) and (2)(A).
06/01/92: The judge accepted Rockwell's plea agreement in its entirety
Rockwell was sentenced to a fine of $18.5 million to United States, $2
million was suspended because Rockwell agreed to pay $2 million to the
state of Colorado as part of the plea agreement. A special assessment of
$1,625 was also imposed.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No /Court
Facts and Status
Guy Eugene Anderson
CR-4-92-60
(D. Minnesota)
Facts: Guy Eugene Anderson was Water and Wastewater
Superintendent for city of Park Rapids, Minnesota. Anderson wa:
responsible for managing Park Rapids' sewage treatment plant
03/27/92: A seven-count indictment was filed charging Anderson with
knowingly making false statements, representations, and certification
regarding monthly reports and analytical data required by the CWA
and in violation of 33 USC 1319(c)(4).
04/16/92: Anderson pled guilty to one count CWA violations.
07/09/92: Anderson was sentenced to 2 months home confinement with
work release privileges (electronic monitoring), 12 months probation,
and 25 hours community service. No fine was imposed.
Montgomery Tank Lines, Inc.
Gordon Babbitt
Ronald Zega
Merv Bridges
Cory Niezgoda
S-CR-92-17M
William Keagle
H-CR-90-00003-01
(N D. Indiana)
Facts: Montgomery Tank Lines, Inc. (MTL) was a major tank truck
carrier company with corporate headquarters in Plant City, Florida.
MTL was engaged in the nationwide transportation of bulk foods,
chemicals, plastics, and petroleum products. The company also had
terminals, tank washing, and repair facilities throughout the U.S.
MTL was incorporated in the state of Illinois in 1965. Gordon Babbitt
had been actively involved with MTL since 1981 and was elected vice-
president and director. MTL operated a truck terminal in Gary,
Indiana. Merv Bridges was operations manager of the terminal and
also a regional manager for MTL. MTL also operated a truck trailer
tank wash in Gary, which was managed by Ronald Zega. Cory
Niezgoda assisted with the operations of the tank wash. MTL leased a
building on the Gary tank wash site to an affiliated company, Gary
Products Company, Inc. William Keagle was President of Gary
Products which manufactured soap products used by the MTL tank
washes. In 1987, arrangements were made to temporarily store 102,000
gallons of HCL acid at MTL's facility in Gary. The storage tankers
began leaking almost as soon as they were delivered to MTL. April 14,
1987, at least 5,000 pounds of HCL was released into the environment
without a federal permit.
05/10/91: In a previously sealed court document, William Keagle had
been charged and pled guilty to failure to notify of a hazardous waste
spill under CERCLA • 42 USC 9603(b). Keagle was sentenced to 1 year
imprisonment (suspended) and placed on probation for 1 year.
04/01/92: Montgomery Tank Lines, Inc., Babbitt, Zega, Bridges, and
Niezgoda were indicted for failure to notify of a release of a hazardous
substance into the environment under CERCLA - 42 USC 9603(b) and
conspiracy - 18 USC 371 regarding the facts of the release. Babbitt was
also charged with falsification of his knowledge of the HCL leaks •
18 USC 1001.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Montgomery Tank Lines, Inc., et al.
(cont. from previous page)
10/26/92: All defendants pled guilty.
03/18/93: Gordon Babbitt was sentenced to 1 year in jail (9 months
suspended) and a $120,000 fine. Montgomery Tank Lines was
sentenced to a fine of $150,000. Defendants Bridges and Niezgoda, who
pled guilty to misdemeanor violations of the Clean Water Act, were
sentenced to a fine of $2,500 each. Ronald Zega also pled guilty to a
CWA misdemeanor and was sentenced to a fine of $2,500 and 1 year on
probation.
Charles A. Eidson
Sandra A. Eidson
92-94-CR-T-15A
(M.D. Florida)
Facts: Cherokee Oil Company, Ltd. was a Florida corporation
operating a used oil recycling and wastewater disposal business in
Tampa. Cherokee Trading Partners, Inc. was a Delaware corporation
operating a used oil recycling and wastewater disposal business in
Tampa. Charles A. Eidson and Sandra A. Eidson were officers and
members of the Board of Directors of both companies. They represented
to local businesses that their companies were capable of properly
treating and disposing of industrial wastewater.
04/03/92: Defendants were charged with mail fraud - 18 USC 1341 and
violating the Clean Water Act - 33 USC 1311(a) and 1319(c)(2) by illegal
discharge of pollutants into waters of U.S. without a permit.
Spirtas Wrecking Company, Inc.
4-92CR00708
(E.D. Missouri)
Facts: Arnold Spirtas was president of Spirtas Wrecking Company,
Inc. located in St. Louis, Missouri.
04/03/92: A five-count information was filed charging the corporation
with false statements to TSCA inspectors (felony) - 18 USC 1001, TSCA
violations for improperly marking stored drums containing PCBs and
improper storage - 15 USC 2614(l)(c) and 2615(b), and operating a PCB
facility without maintaining records - 15 USC 1624(3)(a) and 2615(b).
04/10/92: Spirtas Wrecking Company, Inc. pled guilty to all five counts
stated in the information.
05/22/92: Spirtas was sentenced to a fine of $200,000 ($40,000 per count),
suspended to $125,000; restitution of $75,580 ($10,000 to EPA and $65,580 to
Missouri Department of Natural Resources); $700 special assessment;
and 36 months probation on each count to run concurrently.
Donald Ray Doughty
Irvin Ricks
Robert B. Newell
Pat A. Bailey
Billy R. Crawford
CR#8919
(Louisiana State Court)
Facts: Joint CID/Louisiana state Police investigation to be prosecuted
in state Court for illegal handling and disposal of hazardous waste,
false statements, and knowing endangerment.
04/13/92: Above defendants were indicted on 26 counts by grand jury in
St. Helena Parrish, Louisiana.
186
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No /Court
Facts and Status
G & Erie Associates
Daniel J. Lasdon Real Estate
Daniel J Lasdon
Walter Grzelak
CR-92-192
(E.D. Pennsylvania)
Facts: G & Erie Associates was a limited partnership which owned
property and buildings located at 700 E. Erie Avenue, Philadelphia
Daniel J. Lasdon Real Estate was a company located in Philadelphia,
which managed property including that of G & Erie Associates. Daniel
J. Lasdon was a principal of Daniel J. Lasdon Real Estate and a
general partner of G & Erie Associates. Walter Grzelak was
contracted to remove and dispose friable asbestos from the property and
buildings located at 700 E. Erie Avenue.
04/14/92: Defendants were charged in a five-count indictment with
violations of CERCLA - 42 USC 9603(b); and by violating asbestos
emission and work practice standards in violation of the Clean Air Act
and the National Emission Standards for Hazardous Air Pollutants
42 USC 7413(c)(l)(C), 7412(c)(l)(B), and 7412(e).
07/15/92: Defendants pled guilty to four counts of violating the Clean
Air Act regarding asbestos removal. The CERCLA charge was
dismissed.
09/22/92: Walter Grzelak was sentenced to 90 days home confinement,
3 years probation, 400 hours community service, and $5,000 fine plus
$100 special assessment.
Marion Getzwiller
Polly Getzwiller
CR92-171-PHX-SMM
(D Arizona)
Facts: Marion and Polly Getzwiller operated a ranch along the Gila
River in Arizona. They received up to 500,000 tire casings (charging
transporters $100 per truck load), which were dumped and buried in the
riverbed. Marion and Polly Getzwiller did knowingly discharge a
pollutant (used automobile and truck tires) from a point source into the
Gila River, a navigable water of the U.S., without a permit and
excavated soil from the channel of the Gila River without a permit.
04/16/92: Marion Getzwiller was charged and pled guilty to a two-count
information charging violations of the CWA by discharging a pollutant
without a permit - 33 USC 131 Ha) and 1319(c)(2), and violations of the
Rivers and Harbors Act by dredging of a waterway without a permit - 33
USC 403 and 406. Polly Getzwiller was charged and pled guilty to one
count for dredging of a waterway without a permit - 33 USC 403 and 406
Amsterdam Color Works, Inc.
Stephen E. Offerman
92 CR-265
(S.D New York)
04/19/92: A one-count information was Tiled against Stephen E
Offerman and his company, Amsterdam Color Works, Inc., charging
the defendants knowingly did treat, store, and dispose of hazardous
waste (paint and solvent waste) without a permit, in violation of RCRA -
42 USC 6928(d)(2)(A).
Offerman pled guilty to the information.
06/22/92: Amsterdam Color Works, Inc. pled guilty to the information
186
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Resource Consultants, Inc.
Johnny Sanders
Norman Porter
CR-92-00072
(S.D. Alabama)
Facts: Resource Consultants, Inc. (RCI) was a corporation in the state of
Alabama, doing business in Theodore, Alabama, processing drilling
muds and removing, hauling, treating, and disposing of sewage
wastes. Johnny Sanders was owner, president, and sole stockholder
Norman Porter was general manager in charge of daily operations at
RCI. RCI was sub-contracted by SCE to remove, treat, and dispose of
sewage from the Three Mile Creek Waste Treatment Facility in Mobile
during an upgrade of the facility. Under the terms of the sub-contract,
RCI represented that it would maintain all necessary permits for
activities under the sub-contract.
04/23/92: Defendants were indicted on two counts of knowingly
discharging a pollutant (sewage) from a point source into the waters of
the U.S. without a permit, in violation of the CWA - 33 USC 1311(a) and
1319(c)(2)(A), and conspiracy to violate the CWA - 18 USC 371.
06/21/92: Norman Porter pled guilty to one count of violating the Clean
Water Act.
07/30/92: Johnny Sanders and Resource Consultants, Inc. were found
guilty of one count of violating the Clean Water Act.
08/26/92: Porter was sentenced to 36 months probation.
Bristol-Myers Squibb Company
92-CV-123
(N.D. New York)
Facts: Bristol-Myers Squibb Company has a facility located in the
village of East Syracuse and town of Dewitt, New York.
04/24/92: Bristol-Myers Squibb Company was charged and pled guilty to
a four-count information charging illegal disposal of pollutants
(industrial wastewater) into waters of the U.S. and illegal disposal of
pollutants into the Onondaga County publicly-owned treatment works
in violation of the Clean Water Act - 33 USC 1311(a), 1317 and 1319(c)(l).
As part of the plea agreement, Bristol-Myers was sentenced to a fine of
$3,500,000 with $3,000,000 suspended upon condition of payment of
$3,000,000 restitution to New York state. Bristol-Myers also agreed to
build a pretreatment facility which will utilize state of the art technology
to treat all its wastewater associated with industrial activity.
Norman Richard Kirkham
CR-4-92-46A
(N.D. Texas)
Facts: Hazardous Waste Management, Inc. (HWM, Inc.), a Texas
corporation, is located in South Lake, and was established to perform
services as a transporter of hazardous waste. Norman Richard
Kirkham was owner/operator of Hazardous Waste Management, Inc.
04/24/92: A two-count indictment and plea agreement were filed
charging Kirkham with illegal transportation, storage, and disposal of
hazardous waste without a permit, in violation of RCRA - 42 USC
6928(d)(2)(A) and (d)(3).
187
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Norman Richard Kirkham
(cent, from previous page)
07/10/92: Kirkham was sentenced to 21 months imprisonment No fine
was imposed. Potentially responsible parties, who admitted ownership
of some of the hazardous waste illegally stored by Kirkham, sent
$156,283.19 to EPA, Region VI Hazardous Waste Cost Recovery Division
for clean-up costs which exceeded $170,000.
Ignacio Lopez
CR-92-0576
(S D. California)
Facts: Lopez is owner/operator of Mexam Parking and Warehouse,
Inc., Calexico, California. Lopez operates as a transportation firm,
transporting goods between the US and Mexico. During 1991 and 1992,
Lopez shipped 25 drums of hazardous waste (one at a time) from
Calexico, California to Mexicali, Mexico.
05/13/92: Lopez was indicted on seven counts of illegal exportation of
hazardous waste and transportation of hazardous wastes to an
unpermitted facility without a manifest in violation of RCRA - 42 USC
6928(d)(l), (5), and (6).
07/23/92: Verdict returned: Lopez was acquitted on all charges.
Chevron, U.S.A., Inc.
CR-92-408
(C.D. California)
Facts: Chevron, U.S.A., Inc. is a corporation incorporated in
Pennsylvania and doing business in Ventura, California as the
Southern California Division of Chevron U.S.A., Inc. Chevron owned
and operated an oil drilling and production facility, known as
Platform Grace, m the waters of the Outer Continental Shelf, in the
Santa Barbara Channel, approximately 11 miles off the coast of
Ventura, California.
05/18/92: Chevron, U.S^A., Inc. was charged in a 65-count information
with discharging oil and grease in wastewater that exceeded limits of
its NPDES permit in violation of the Clean Water Act - 33 USC 1311(a)
and 1319(c)(l).
07/20/92: Chevron pled guilty to the 65-count indictment and was
sentenced to a fine of $6.5 million, and ordered to pay $1.5 million on
the civil case.
David Lloyd
3:92-CR-734
(N D. Ohio)
Facts: David Lloyd was supervisor of the Allen County (Ohio) Sanitary
Engineer Department, and was responsible for managing a number of
wastewater treatment plants for Allen County.
05/26/92: Lloyd was charged in a five-count information with
falsifying monthly operating reports pursuant to the CWA - 33 USC
1319(c)(4).
06/02/92: Lloyd pled guilty to the five-count information as charged.
188
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
David Lloyd
(cont. from previous page)
08/11/92: Lloyd was sentenced to 12 months probation on each of five
counts to run concurrently. (Condition of the probation- first 180 days to
be spent in home confinement with electronic monitoring device )
Lloyd was fined $6,318 ($1,000 for each count, plus $1,318 for probation
costs) plus $250 special assessment.
Melody Knitting Mills, Inc.
Richard Virgil Bates
Kenneth Arthur Baber
CR-92-134
(C D. California)
Facts: Melody Knitting Mills, Inc., prior to 1984, operated as Travelin'
West Textiles, was a corporation located in Los Angeles, California
Melody Knitting Mills operated a fabric dyeing facility in Simi Valley
(Easy Street facility). Richard Bates was a shareholder, past president
of Travelin' West, and the general manager of the Easy Street facility
Kenneth Arthur Baber was the plant engineer and manager of the
wastewater treatment system for the Easy Street facility.
05/28/92: Melody Knitting Mills, Inc., Bates, and Baber were indicted
on 26 counts of charges of illegal discharge of industrial pollutants
generated by the textile dyeing operation, including: conspiracy -
18 USC 371; false statements - 18 USC 1001; and violations of the CWA -
33 USC 1311(a), 1317(b)(cXd), and 1319(c)(2)(3).
Chemical Conservation of Georgia, Inc.
(CCGI)
Eugene Milton Goldfuss
CR-92-13-VAL-WDO
(M.D. Georgia)
Facts: CCGI owned and operated a hazardous waste fuel-blending and
solvent-recycling facility in Valdosta, Georgia and was permitted to
accept various waste solvents. Goldfuss was former plant manager
07/08/92: Goldfuss and CCGI pled guilty to sealed four-count indictment
charging aiding and abetting in the illegal treatment of a hazardous
waste in violation of RCRA - 42 USC 6928(d)(2)(A).
CCGI was sentenced to pay a fine in the amount of $800,000 and 5 years
probation.
Neville Thomas Hayes
CR-5-92-12
(D. Minnesota)
Facts: Hayes was employed by American Bridge & Dismantlement, a
Chicago based firm, as a job superintendent responsible for demolition
of various structures on a former U.S. Steel plant site in Duluth,
Minnesota.
05/14/92: Hayes was charged in a one-count information with filing a
false tax return - 26 USC 7206(1). Hayes had acquired proceeds from the
sale of large amounts of scrap copper which he did not report as income
06/19/92: Hayes pled guilty to the information as filed.
09/11/92: Hayes was sentenced to 2 years probation with 4 months
confinement to a community with work release privileges, plus a fine of
$2,500.
189
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket NoVCourt
Facts and Status
Stoller Mil
(Division of Stoller Chemical
Co., Inc.)
CR 2:92-00288
(D South Carolina)
Facts: Stoller Chemical Co., Inc. was a corporation under the laws of
the state of Illinois, doing business in South Carolina. Stoller operated a
micro-nutrient fertilizer plant at Jericho that was permitted for the
storage of a certain type of hazardous waste. However, a dump site that
was linked to Stoller was discovered several miles from the Jencho
plant.
06/11/92: Indictment was filed charging two counts of illegal
transportation and disposal of hazardous waste under RCRA • 42 USC
6928(d)(5) and (d)(2)(A).
Gaston Copper Recycling Corp.
Stoller Chemical Co., Inc.
Southwire Company
Hy-Tex Marketing, Inc.
Robert D. Weaver
Arthur G. Heinel
Arthur G. Betterton
CR 2:92-00289
(D. South Carolina)
Facts: Stoller purchased baghouse dust generated by Gaston Copper
Recycling Corp. from Hy-Tex Marketing, Inc. Stoller treated baghouse
dust and used it to generate fertilizer micro-nutrient, knowing it would
be applied to the land. Micro-nutrient was characteristic toxic for lead
and cadmium, and classified as a hazardous waste. Stoller caused
micro-nutrient to be transported and exported to Bangladesh and
Australia. Weaver was General Manager of Stoller Chemical and was
in overall control of the Jericho Plant. Heinel was president of Hy-Tex
Marketing and performed all functions on behalf of Hy-Tex. Betterton
was an employee of Southwire Company and participated in the
management of hazardous waste at Gaston Copper Recycling Corp.
06/12/92: Gaston Copper Recycling Corp.; Stoller Chemical Co , Inc..
Southwire Company; Hy-Tex Marketing, Inc.; Robert D Weaver;
Arthur G. Heinel; and Arthur G. Betterton were charged with
conspiracy (18 USC 371) and violations of RCRA - 42 USC 6928(d)(5) and
(6).
Timothy Sedney
CR-92-10
Carol Sedney
CR-92-11
(W.D. Pennsylvania)
Facts: The Sedneys owned and operated Bay Shore Marina in Erie,
Pennsylvania. As part of agreement to seal the Marina, the Sedneys
were required to dispose of several underground storage tanks. They
were charged with purposefully dumping approximately 9,000 gallons of
contaminated gasoline into Presque Isle Bay and failure to notify the
the U.S. Coast Guard of the dumping.
06/16/92: Timothy and Carol Sedney were charged and pled guilty to
two counts of violating the Clean Water Act • 33 USC 1319(c)(2)(A) and
1321(b)(3) and (5).
09/01/92: Timothy Sedney was sentenced to 2 years probation with 6
months home detention and a fine in the amount of $4,000. Carol
Sedney was sentenced to 2 years probation.
190
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Aspen Aviation Company, Inc.
J. Keith Rose
V. Randy Heath
Keith G. Ward
CR-92-20014
(W D. Arkansas)
Facts: J. Keith Rose, president of Aspen Aviation Company (Arkansas
Corporation), operated an aircraft refinishing and maintenance
business in Mena, Arkansas. Rose was charged with intentionally
disposing of chemical waste into storm water ditch leading from Aspen
facility to Dallas Creek and at other off-site locations without a permit to
generate, transport, or dispose of hazardous waste. Heath and Ward
were employees of Aspen whose work involved the refinishing of
aircraft.
06/18/92: Rose, Heath, and Ward were charged in a six-count
indictment with conspiracy, 18 USC 371, violations of RCRA - 42 USC
6928(d)(5), the Clean Water Act - 33 USC 1311(a) and 1319(c)(2)(A), and
false statements - 18 USC 1001. The company was charged with
violations of RCRA and the Clean Water Act.
11/13/92: Jury acquitted all defendants on all charges.
Kenneth Fontenot
CR-92-60035
(W.D. Louisiana)
Facts: Kenneth Fontenot operated a chrome-plating shop in Lafayette,
Louisiana where he was in the business of refinishing and plating
automobile bumpers. After closing his shop in 1991, he transported a vat
of plating solution to his residence where he disposed of the solution by
dumping it into the sanitary sewer.
07/10/92: Fontenot was charged with and pled guilty to an information
for dumping 200 gallons of chrome plating solution into a sanitary
sewer without a permit, in violation of the Clean Water Act - 33 USC
1319.
09/30/92: Fontenot was fined $2,500 and sentenced to 60 months
supervised probation and 1208 hours of community service.
William P. Reilly
John Patrick Dowd
CR-92-53
(D Delaware)
Facts: Reilly was vice president and Dowd was president of Coastal
Carriers Corporation of Annapolis, Maryland, which acted as shipping
agent for various vessels including the Khian Sea.
07/14/92: Reilly and Dowd were charged in an information for making
false statements to the grand jury during an investigation of the
dumping of incinerator ash from the freighter Khian Sea into the ocean
(18 USC 1623).
Barry Hess
Salvatore A. Sortino
George Frew
CR-92-0404
(E D. Pennsylvania)
Facts: Hess was plant superintendent of Easton (PA) Area Joint
Wastewater Treatment Plant. Sortino was employed as the operations
supervisor and was responsible for supervising employees involved in
the operation of the plant. Frew was maintenance supervisor at the
Easton Plant and was responsible for supervising employees in the
maintenance of the plant.
191
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket No./Court
Facts and Status
Barry Hess
Salvatore A. Sortino
George Frew
(cont. from previous page)
07/21/92: Hess, Sortino, and Frew were charged with violating the
NPDES permit conditions when 14 tons of sewage sludge were
discharged into the Delaware River from the Easton Sewage Plant • 33
USC 1311(a) and 1319(c)(2)(A). Hess was also charged with false
statements -18 USC 1001.
Hansen Containers Company, Inc.
Christian E. Hansen, Jr.
Michael Bilney
92-CR-265
(D. Colorado)
Facts: Hansen Container Co., Inc. now dba "345 Holdings, Inc" and
aka Hansen Container Corp., Layton Brothers Drum Company, and
Rocky Mountain Drum Company is a Colorado corporation. Hansen is
the president of Hansen Industries, Inc., and was an officer and part
owner of Hansen Containers. Bilney is the administrative assistant
for Hansen Containers.
08/12/92: Hansen Containers Company, Inc. pled guilty to an
information filed charging one count of illegal storage and disposal of
a hazardous waste without a permit, 42 USC 6928(d)2)(A). Hansen and
Bilney pled guilty to one count of violations of the Clean Air Act - 42 USC
7413.
Tualatin Industries, Inc.
Judith MacLean
Lachlan MacLean
CR-92-276
(D. Oregon)
Facts: Tualatin Industries, Inc. is an Oregon Corporation located in
Tualatin, Oregon and is engaged primarily in the business of painting
and staining wood siding. Periodically Tualatin Industries, Inc.
performs other industrial coating operations. Judith MacLean is
secretary and general manager of the corporation. Lachlan MacLean
is Judith's husband.
08/19/92: Tualatin Industries, Inc., Judith MacLean, and Lachlan
MacLean were charged in an indictment with transporting hazardous
wastes without a manifest and disposing of the wastes without a permit,
in violation of RCRA • 42 USC 6928(d)(5) and (d)(2)(A).
Donco Industries, Inc.
Donald Manning
Charles Edgar James
CR-92-407-SBA
(N.D. California)
Facts: Donco Industries, Inc. is a California Corporation engaged in
marine repairs with corporate offices in Oakland and a boat repair
facility in San Francisco. Donald Manning is the president of Donco
Industries and a 50% shareholder. Charles Edgar James is the
secretary/chief financial officer and 50% shareholder of Donco.
08/28/92: Donco, Manning, and James were charged with being
involved in a scheme to illegally dredge the channel leading into
Donco's property at Indian Basin and to dump the dredge material into
the San Francisco Bay off Hunter's Point in violation of the Clean
Water Act - 33 USC 1311(a), 1319(c)(2)(A), and 1344 as well as charges of
conspiracy -18 USC 371.
192
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendants/Docket No./Court
Facts and Status
Recticel-Foam Corporation
(aka Foamex L.P)
Steve Murphy
Chet Meyers
O.E. "Gene" Fox
Eldon Hall
Jim Van Hooser
Steve Cansler
CR-2-92-78
(E D. Tennessee)
Facts: Recticel Foam Corporation, aka Foamex L.P , was incorporated
in Delaware with divisional corporation headquarters in LaPorte,
Indiana. Recticel was in the business of producing foam for use m
various commercial products such as car seats and foam carpet
backing. Murphy was initially a vice president and, since May 1990,
was president/chief operating officer responsible for the operation of the
Mornstown Recticel plants. Meyers was operations manager for the
Recticel plant. Hall was plant manager for Recticel. Van Hooser was
vice president and, from 1986 to May 1990, was executive vice
president/chief operating officer for the Mornstown Recticel Plants
Cansler was maintenance supervisor for Mornstown Recticel Plants
09/04/92: Indictment filed against seven defendants charging
conspiracy - 18 USC 371; violations of RCRA - 42 USC 6928(d)(2)(A),
(d)(4) and (e); and false statements -18 USC 1001.
Electrochemical Company, Inc. (ECI)
Frank H. Leaman
Russel L. Walker
Glenn L. Stover, Jr.
John Gibble
CR-92-231-01
(M.D. Pennsylvania)
Facts: Electrochemical Company, Inc. (ECI), located in York,
Pennsylvania, was an electroplating and metal finishing business
which electroplated parts for the Department of Defense. Leaman was
president and principal owner/operator of ECI, Walker was ECI
maintenance supervisor, Stover was ECI production manager, and
Gibble was ECI shift supervisor. The charges stemmed from illegal
disposal of a hazardous waste, failing to report a release of hazardous
substances, making false statements about the release to the
Pennsylvania Department of Environmental Resources, and
falsifying documents required to be submitted to the Department of
Defense.
09/12/92: The corporation and four individuals were charged with five
informations charging felony violations of environmental statutes and
vanous Title 18 Defense Fraud offenses. Electrochemical Company,
Inc. (ECI) was charged with one count pretreatment violations of the
Clean Water Act - 33 USC 1319(c)(2)(A). Leaman was charged with
violation of the CERCLA - 42 USC 9603; RCRA - 42 USC 6928(d)(2)(A).
and false statements - 18 USC 1001. Walker was charged with
violations of the CERCLA - 42 USC 9603. Stover was charged with one
count of destruction of evidence - 18 USC 2232. Gibble was charged with
false statements -18 USC 371.
Hi-Tek Polymers, Inc.
CR-92-0748-M-01-L
(W.D. Kentucky)
Facts: Hi-Tek Polymers, Inc. was a manufacturer of coatings, resins,
and water soluble polymers (combination of several chemical
substances to form a new one).
09/21/92: Hi-Tek Polymers, Inc. was charged in an information with
violating the River & Harbors Act by causing discharge of refuse
matter (hazardous substances n-butanol and xylene) into the Ohio
River, a navigable water of the U.S. - 33 USC 407 and 411.
193
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendant(s)/Docket NoVCourt
Facts and Status
Sbicca of California, Inc.
Dominic Sbicca
Eduardo Reyna
Juvenal Cabrear-Cruz
CR 92-0610R
05/14/92: Company, vice president, and two employees attempted to
export hazardous wastes to Mexico and were indicted for felony RCRA
violations.
Daryl Alan Freter
CR-F 92-5175
(E.D. California)
Facts: Freter operated Primary Gold in Kern County, California
08/27/92: Allegations of abandoned mining waste and failure to report
to National Response Center, in violation of 42 USC 9603 (CERCLA)
William "Dave" Denison
James Gary White
CR-92-2167
(S.D. Texas)
Facts: Mr. Denison owned the Eltex facility in Houston, Texas.
09/11/92: Indictment filed charging that Denison and his employee,
Mr. White, allegedly directed the transportation of several trailers with
drums containing hazardous waste, stacked three high, to at least two
locations in order to reduce drum count pending governmental entity
inspection (RCRA).
Weaver Electric Co.
Michael Slusser
Clayton Regier
Martha Slusser
Bud Rupe
92-CR-300to303
(D. Colorado)
Facts: Weaver Electric Co., located in Denver, Colorado, specialized in
refurbishing and selling electrical equipment.
09/11/92: A seven-count information was filed charging Weaver
Electric Co. (Denver, Colorado) and four individuals with violations of
TSCA and CERCLA.
Craven Laboratories
Donald Hammerly
Dale Lynn Harris
Edward Stanley Peterson
Don Allen Craven
A-92-CR 152
(W.D. Texas)
Facts: Craven Laboratories is located in Austin, Texas and was in the
business of testing levels of pesticides in food products.
09/22/92: Indictment returned charging Craven Laboratories, Inc. and
four individuals with conspiracy (18 USC 371) and obstruction and
concealment of material facts (18 USC 1001).
194
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1992
Defendants)/Docket NoVCourt
Facts and Status
Craven Laboratories (cont.)
Mark Kevin Gibson
A-92-CR160
Melvin Seng Tan
A-92-CR-166
Mark Burke Haymes
A-92-CR-162
Thomas Everett Bird
A-92-CR-157
Patrick Conner Bizzell
A-92-CR-158
Norns Randall Fish
A-92-CR-159
Edwin Lombard Gorham
A-92-CR-161
Gerald Mikolaichik
A-92-CR-164
Timothy Kram
A-92-CR-163
Terry Lynn Newsom
Barry Voight
CR-A-92-160
(W.D. Texas)
09/28/92: Charges were filed along with plea agreements for 11
employees of Craven Laboratories which included violations of
concealment of material facts (18 USC 1001), FIFRA falsifications, and
misprison of a felony to obstruct.
Metro Technology, Inc.
Terry Wayne Jones
John E. Klein
Mark E. Jones
Klein PC., Inc.
92-CR-405-R
(N.D. Texas)
Facts: Terry W. Jones is owner of Metro Technology, Inc., and T W
Jones and Associates, Irving, Texas. John E. Klein owns Klein P C.,
Inc., and operated his business in the same building as Metro
Technology, Inc. Mark E. Jones worked as a foreman at Metro
Technology, Inc.
09/23/92: Charges filed against defendants for conspiracy (18 USC 371)
and violations of the Clean Water Act (33 USC 1319).
Danny Shiflar
William T. Liggett
92CR094B
(D. Wyoming)
Facts: Owner of Rock Spnngs Autobody, Rock Springs, Wyoming.
09/24/92: A five-count indictment was filed charging alleged
generation of abandoned drums on government (BLM) property in
violation of RCRA (42 USC 6928).
Steve Howell
Michael Laska
CR-92
(C.D. Illinois)
09/30/92: Mike Laska, (dba Ral Properties, Cleveland, Ohio) and his
manager, Steve Howell, were indicted on three counts of CERCLA and
Clean Air Act violations (42 USC 7413).
196
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CROSS REFERENCE INDEX BY PRIMARY STATUTORY AUTHORITY
AND REGION
-------
CROSS REFERENCE INDEX BY PRIMARY STATUTORY AUTHORITY AND REGION
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Resource Conservation and Recovery Act (RCRA) 42 U S.C. §§ 6901-6991
PL 94-580
PL 96-482
PL 98-616
Emergency Planning and Community Right to Know Act 42 USC 11045
(EPCRA) PL 99-499
Hazardous Materials Transportation Act (HMTA) 49USC §§1801-1813
PL 93-633
Case Name
FY
Page No.
Region I - RCRA
151 East Post Road Corporation, Inc.
Charles Arcangelo
James Arcangelo
Henry Baer
Lawrence K. Barber
Bruce Bieler
Roger Boisonneault
John Cappella
Dennis Champagne
Vincent Cinquegrano
Eugene K. D'Allesandro
Bernard Davis
Frank DeFelice
Antonio DeLucia
Marco DeLucia
Robert E. Derecktor
Robert E. Derecktor of Rhode Island, Inc.
Henry R. Edelberg
Robert F. Goodspeed
International Paper Company
Richard S. Johnson
A.C. Lawrence Leather Co., Inc.
86
48
88
88
89
83
88
88
88
88
88
88
83
88
88
88
86
86
92
83
91
83
83
87
87
107
2
87
87
87
87
73
73
3
87
87
87
48
48
173
2
166
2
2
-------
Case Name
Region I RCRA (cont.)
MacDonald & Watson Waste Oil Co.
Weymouth E. Marshall
Narragansett Improvement Co.
Nedmarc, Inc.
Michael O'Laughlin
William J. Pandozzi
Faust Ritarossi
Fran Slade
Nicholas Sciarra
Francis E Stone
United Technologies Corporation
(Sikorsky Aircraft Division)
Vanderbilt Chemical Corp.
Robert Veltre
151 East Post Road Corporation, Inc.
Region II - RCRA
Amsterdam Color Works, Inc.
Peter Angel
David Carr (Ft. Drum)
Cataract Industrial Warehousing and
Transportation, Inc.
(aka Cataract Industrial Warehousing)
Chase Interiors, Inc.
Joan Chuba
Charles Colbert
Jack Colbert
John Donnelly
Environmental Services Assoc., Inc.
Envirosure Management Corp., Inc.
Envirosure Marketing, Corp.
(aka Envirosure Marketing and Sales)
Fried Industries, Inc.
Frontier Chemical Waste Process, Inc.
FY
88
83
88
92
88
88
88
88
88
83
91
89
88
92
83
88
90
88
92
86
86
91
90
90
90
85
90
Page No.
73
2
73
173
73
73
73
73
87
2
164
107
87
186
6
79
136
94
181
38
38
159
136
136
136
28
136
11
-------
Case Name
Region 11 RCRA (cont.1
Harris Goldman
Jack W Hopkins
Peter Johnson
Richard I. Johnson, Jr
Richard I. Johnson, Sr.
Johnson & Towers, Inc.
Kenneth Kammski
Frederick C. Kiesmger
Kenneth Laugh 1 in
Howard J. Nybo
Stephen E Offerman
Jo.<>eph Rosinski
SCI Equipment and Technology, Ltd.
Signo Trading International, Ltd.
Duane Simmons
Joseph Tietelbaum
Albert S. Tumin
Will & Baumer, Inc.
Region III - RCRA
Robert Clements, Inc.
David Cohen
Virgil Cummings
Cuyahoga Wrecking Corporation
William Dee
Forms, Inc.
Carl Gepp
Samuel Gratz
FY
91
83
83
92
92
83
88
86
91
86
92
92
86
86
86
87
87
86
85
90
88
88
88
88
88
92
Page No.
159
6
7
181
181
6
94
44
159
44
186
181
38
38
44
57
62
44
25
127
71
71
90
93
90
182
Peter lacavazzi 83
111
-------
Case Name
Region III RCRA (cont.)
Lackawanna Refuse Removal, Inc.
Robert Lentz
Sidney S Levy
Ernest R. Martin
Lewis Maslow
John Meighan
Metro Container Corporation
Metro Enterprise Container
Nanticoke Homes
Northeastern Land Development Co.
Overland Corporation
Publicker Industries, Inc.
Quality Research Labs, Inc.
(Commercial Research Labs)
Samuel Runfola
Anthony St Angelo, Sr.
Phillip F Trembley
Edwin A. Walter
William E. Willey
Barak Yaron
Michael Yaron
York Metal Finishing Company
Steven Zubrin
Rppion IV - RCRA
ABC Compounding Company, Inc.
V.O. Abrams
Alley-Cassetty Coal Company
James Angerami
William S. Armistead
Vincent Armistead
Eugene Roy Baggett
Louis H. Beasley
Arthur G. Betterton
FY
83
88
90
88
90
90
90
90
91
83
88
88
83
88
91
88
91
89
83
83
91
90
86
84
85
91
86
86
86
84
92
Page No
1
90
146
71
146
127
146
146
161
1
71
71
7
71
165
93
170
100
7
7
170
146
39
19
15
156
39
39
37
19
190
("B" continued on next page)
IV
-------
Case Name
FY
Page No.
Repon IV - RCRA (cont.)
John H Biddle
Kenneth Birchfield
Lyndol Bolton
Steve Cansler
Chemical Conservation of Georgia, Inc. (CCGI)
Johnny M. Clark
J C. Collins, Jr
John Thomas Cottrell
Gale E. Dean
Charles A. Donahoo, Jr.
(dba Charlie Wrecking)
Donald M. Draper
Jere Neil Ellis
James "Buddy" Floyd
0 E. "Gene" Fox
George Gary
Gaston Copper Recycling Corp.
General Metals Fabricators, Inc.
General Wood Preserving Co., Inc.
Eugene Milton Goldfuss
Reginald Max Goldsmith
Arthur J. Greer
Clyde Griffith
Eldon Hall
Everett 0. Harwell
Charles A. Hassler
Hayes International Corp.
James H. Hedrick
Arthur G. Heinel
James R. Hunt .
Steven Michael Hutchison
Hy-Tex Marketing, Inc.
The Intertech Group
Ray Kelley
Larry Clay Lavender
John H. McDonald
Albert R. Mersberg
88
91
84
92
92
88
88
91
90
89
85
87
87
92
86
92
90
89
92
91
86
90
92
86
90
84
84
92
92
89
92
90
84
91
88
90
SI
156
19
193
189
81
78
160
142
114
15
62
62
193
16
190
142
105
189
152
35
143
193
37
144
19
14
190
171
105
190
147
19,20
163
81
147
("M" continued on next page)
-------
Case Name FY Page No
Region IV - RCRA fcont.)
George Mills
Steve Murphy
Glenda Newsome
Performance Advantage, Inc.
Queen Products Company, Inc.
RAD Services, Inc.
Shawn Lee Rawls
Recticel-Foam Corporation (aka Foamex L.P.)
R-M Engineered Products Co., Inc.
Jean P. Sanchez (aka John Sanchez)
Joseph P. Sanchez
Sanchez Enterprises, Inc.
Arthur Sciullo
Don A. Scruggs, Jr.
Daniel J. Seeman
David Smith
Norman F Smith
Southwire Company
Spartan Trading Co., Inc.
Stoller Chemical Co., Inc.
Stoller Mil (Division of Stoller Chemical Co., Inc.)
John H. Taylor, Jr.
Taylor Laboratories, Inc.
Terri, Lori, Chris, Inc. (TLC)
Alvin P. Tiedemann
Edwin Eugene Trout
United States Sugar Corp.
Jim Van Hooser
Robert D. Weaver
Welco Plating, Inc.
Stephen Douglas Worley
Stanley Winborne, Jr.
Region V - RCRA
A-l Disposal Corporation
(Richard Shumaker)
Claude Aven
84
92
91
84
91
86
91
92
90
90
90
90
86
88
90
84
86
92
88
92
92
88
88
84
90
91
92
92
92
88
91
89
89
91
21
193
156
19
160
16
156
193
147
142
142
142
16
82
147
19
35
190
81
190
190
83
83
14
147
156
172
193
190
78
156
106
104
155
VI
-------
Case Name
Repion V - RCRA (cont.)
Charles J Berlin
G«rry Blanchard
William N. Bogas
Rick N. Brothers
Roland N Brothers
Donald Gerald Cole
Executive Advertising, Inc
Maxine Fairchild
Thomas David LaViolette
Sam Minor
Donna Nims
Roderick Warren Reiser
Barry Seace
Sentco Paint Manufacturing Co., Inc.
John Suerth
John Van Hoesen
Edward Viola
Laurence M. Welch
J Welch & Sons, Inc.
Region VI - RCRA
Aspen Aviation Company, Inc.
Aircraft Refinishers, Inc.
Ulf Aune
Baytank (Houston), Inc.
Thomas G. Behtley-Smith
Jimmy C. Curry
William "Dave" Denison
Eason & Smith Enterprises, Inc.
Edsil M. Elledge, Jr. (aka as Ken Elledge)
Shelton Erickson
Kjell Eriksen
FY
86
91
89
91
91
91
86
91
86
91
91
86
91
91
85
85
91
83
83
92
91
87
87
90
91
92
88
90
88
87
Page No.
34
155
96
153
153
153
34
155
34
153
155
34
155
153
22
22
155
10
10
191
150
68
68
149
150
194
80
149
90
68
Jerry L. Findley 87 53
vn
-------
Case Name FY Page No
Region VI RCRA (cont.)
Albert S ("Junior") Goodner, Jr.
Dennis J. Goodner
Goodner Bros. Farms, Inc.
Goodner Brothers Aircraft, Inc.
Donald Gore
Vermund Gravdal
Helge Grotle
Lee B. Grubbs
V. Randy Heath
Harald Jensen
Tor Johansen
Roy John sen
James E. Johnson
Norman Richard Kirkham
Carol K. Kisamore
Robert T. Kruse
Bjoern Landoey
Brownie C. McBride
Richard M. Mims
Larry E. Nance, Sr.
Terje Nikoe
Haavar Nordberg
Odfjell Westfal - Larsen (USA), Inc.
Larry Pipkin, Jr.
Idar Remman
Magne Roedland
Jimmie D. Rogers
J. Keith Rose
Johan Scale
Hilmar Skar
R.C. Tercic (aka Milko Tercic)
Theodor Vasset
91
91
91
91
87
87
87
88
92
87
87
87
92
92
88
88
87
87
86
92
87
87
87
87
87
87
92
92
87
87
87
87
150
150
150
150
68
68
68
72
191
68
68
68
181
187
72
72
68
53
29
181
68
68
68
68
68
68
175
191
68
68
68
68
Vlll
-------
Case Name
Region VI RCRA (cont.)
Keith G Ward
Robert Wells
Henry R White
Jack E White
James Gary White
Bjorn Wikum
Paul D. Zimmerman
Region VII - RCRA
Arneson Timber Company, Inc.
Harold Belcher
Commercial Metals Company, Inc.
(dba Karchmer Iron and Metal Company)
James Vermillion
Jerold Gershon
(dba Chemical Commodities, Inc.)
John M. Hall
Harold C. Higman (aka Bud Higman)
Harold C Higman, Jr.
Higman Sand and Gravel, Inc.
Marvin Mueller
Meryln Pollock
Region VIII - RCRA
Gordon S. Bird, Jr.
Richard Brown
Gabriel Demshar, Jr.
Denver Sanitary Company
Di Giorgio Corporation
(dba Guaranteed Products of Colorado)
Eagle Picher Industries, Inc.
Andrew Fedorowicz
Frankel Manufacturing Company
FY
92
90
87
87
92
87
90
86
88
88
88
89
91
92
92
92
91
87
92
86
87
87
90
86
87
85
Page No
191
149
53
53
194
68
149
44
92
92
92
119
170
174
174
174
170
62
176
38
59
58
126
38
58
28
IX
-------
Case Name
FY
Page No.
Retnon VIII - RCRA fcont )
Frank R. Giardino
Great Western Inorganics, Inc.
Raymond V. Hall
Jay Hamburg
Hansen Containers Company, Inc.
Chnstian E. Hansen, Jr.
Willie Frank Hines
Donald C. Hughes
Humane Coyote Getters, Inc.
Charles Vesta Hyatt
Keebler Corporation
Lay ton Brothers Drum Co., Inc.
Leigh-Denver Industries
Leigh Industries
William T. Liggett
Henry Kelly Logan
Neil Moser
John Michael Nelson
NIBCO. Inc.
Pacific Enterprises Oil Company (USA)
Protex Industries, Inc.
Jay Allan Ringler
Rockwell International Corporation
Danny Shiflar
Signs, Inc.
Unichem International, Inc.
Roger W. Veraon
Donald James Wilson
Region IX - RCRA
Mobashir Ahmad
Tariq Ahmad
Rafat Asrar
87
90
92
86
92
92
85
87
92
87
86
85
87
87
92
91
86
86
89
92
87
90
92
92
91
90
90
87
92
92
92
58
136
174
49
192
192
27
58
174
60
43
27
59
59
195
157
50
44
111
178
60
146
183
195
157
145
136
60
182
182
182
-------
Case Name
Repon IX - RCRA fcont.)
B&R Company of Davis
Jay L Barrett
Juvenal Cabrear-Cruz
Chem-Wood Treatment Co., Inc.
Defense Systems Corp.
(aka Hi-Shear Technology)
Darrel A. Duisen
Glen D. Faulks
Frontier Fertilizer Company
Daryl Alan Freter
Eugene Holderness
Richard Heuer
Harold Karp
Dennis Kidwell
Erie Kitagawa
Ignacio Lopez
Guillermo Marin-Orosco
Rogelio A. Marm-Sagristo
Robert E Morrison
Neville Chemical Company
Eduardo Reyna
Dominic Sbicca
Sbicca of California, Inc.
Gfiorge W. Shearer
Michael Robert Speach
Tratamientos Petroquimilos
U.S. Technology and Disposal Service, Inc.
Charles E. Welch
FY
86
90
92
88
91
86
86
86
92
91
91
91
86
88
92
86
86
90
86
92
92
92
86
90
86
86
90
Page No
41
141
194
85
167
43
43
41
194
167
167
167
41
85
188
43
43
141
40
194
194
194
43
146
43
43
146
XI
-------
Case Name
Region X - RCRA
Leon H. Herman
Leonard R. Herman
Manney Herman
Robert K. Blackstone
Crittenden Conversion Corp.
Robert Dickman
Keith Egan
Jerry Graham
Peter Hedegard
Douglas G. Hoflin
JANCO United, Inc.
Wendall Wayne Johnson
William Knick
Terry D. Lingle
Merlin D. Long
Judith MacLean
Lachlan MacLean
Gary McCourt
Eric Myers
Panama Machinery & Equipment Co., Inc.
David R. Rieman
Ronald William Meyers
John Charles Nelson
Chorine Kasema Mackenzie Nzau (aka Kasema Mackenzie)
Pacific Hide and Fur Depot, Inc.
PureGro Company, Inc.
Rogue Valley Circuits, Inc.
Steven Steed
FY
92
92
92
86
90
90
85
84
86
86
86
86
84
92
92
92
92
90
86
92
92
92
90
88
84
90
91
90
Page No
177
177
177
40
137
149
25
11
37
31
37
40
11
177
177
192
192
149
37
177
177
176
144
96
11
149
161
149
Xll
-------
Case Name FY Page No
Region X - RCRA fcont.)
Richard A. Taggert 85 25
Tualatin Industries, Inc. 92 192
Daniel Lee Turner 87 52
Jack White 90 149
Xlll
-------
CLEAN AIR ACT (CAA)
Case Name
Region J - CAA
Bridgeport Wrecking Co., Inc.
Thomas Capozziello
Maurice Fabiani
Peter Vileisis, Jr.
Waterbury House Wrecking Co., Inc.
Region II - CM
Scott Brady
DAR Construction, Inc.
Maurice Dieyette
Hope Resource Recovery, Inc.
Joseph Long
Region III - CAA
Gregory Boone
Carbonator Rental Service, Inc.
Michael D'Avocato
Alex Feinman
Alan M. Franko
Irwin Pearlman
Salvatore C. Williams
Steven J. Zurkowsky
FY
89
89
85
85
85
91
88
88
86
91
89
92
89
89
86
87
87
92
PL 91-604
PL 93-3 19
PL 95-95
PL 95-190
Page No.
106
106
28
28
28
164
77
77
50
164
101
179
101
101
34
52
52
171
XIV
-------
Case Name
Region IV - CAA
Louisville Edible Oil Products, Inc.
(aka Louisville E.O.P., Inc.)
A. Dean Huff
Raymond Carl Marrillia, Jr.
(aka Sammy Marrillia)
Frank Reed Metts
Presidential, Inc.
Region Y - CAA
Paul J. Buckley
Lawrence J. Button
Cuyahoga Wrecking Corporation
Steve Howell
Michael Laska
Richard W. Salvati
Region VI - CAA
Dennis R. Alston
Freddie L. Fincher, Sr.
Donald L. Fincher
Norbert E. Gall
Brigitte G. Lauras
Gary A. Masson
Timothy Scott McLeod (Gulf States Oil and Refining Co.)
George Timothy Mercier
Edward F. Wiatt
Phillip A. Williams
Lee S. Woodside
FY
90
90
90
90
90
89
89
89
92
92
89
86
86
86
86
86
88
86
86
86
86
88
Page No
137
137
137
137
137
120
120
120
195
195
120
30
30
30
30
30
92
41
41
31
30
92
XV
-------
Case Name
Region VII - CAA
John Meyer
Remon VIII - CAA
Michael Bilney
James B. Hellman
Joel H. Lederman
Barry A. Seldin
William F. Smith, II
Region IX - CAA
James J Abbajay
Sembat Agob
Leonard Capizzi
Paul Chavez
Billy Closson
Custom Engineering, Inc.
Cuyahoga Wrecking Company
Joseph A. Grossi
Albert Mardikian
Garo Mardikain
Chester F. Reiss, Sr.
Roger Scoggins
John Sidwell
Robert S. Torok
Region X - CAA
William Bartholomew
Euro-Auto Ltd. Inc.
Paul Warren Marquardson
Mario A. Segale
M.A. Segale, Inc.
James S. Strecker, Jr.
Barbara A. Strecker
FY
87
92
88
88
88
88
88
85
88
88
86
86
88
86
86
85
86
86
86
88
85
87
91
85
86
87
87
Page No
58
192
94
94
94
94
86
26
86
49
49
49
86
86
26
26
86
49
49
86
22
54
163
22
22
54
54
XVI
-------
CLEAN WATER ACT (CWA)
Clean Water Act (CWA) .
Marine Protection, Research and Sanctuaries Act.
(MPRSA)
Rivers and Harbors Appropriations Act of 1899.
(Refuse Act of 1899)
Safe Drinking Water Act (SDWA).
33 USC §§1251-1373
PL 92-500
PL 95-217
PL 100-4
.33 USC §§1401-1445
PL 92-532
..33 USC §§403,407,
409,411
PL 55-425
. 42 USC §§300f300j
PL 95-190
PL 99-339
Case Name
Repon I - CWA
Ballard Shipping Co.
Joseph Behre
David Boldt
Borjohn Optical Technology
John Borowski
Terrence Geoghegan
lakovos Georgoudis
Robert Gustafson
Domenic Lamara
Peter Lauzon
Marathon Development Corp.
Robert and Scott McKiel
North Bennington, VT Board of Water Commissioners
Ocean Spray Cranberries, Inc.
Progressive Oil
Emmett Ronayne
Saunders Asbestos Service
John Shepardson
K.W. Thompson Tool Co., Inc. (aka Thompson Center Arms)
USM Corporation
FY
89
85
89
90
90
87
89
85
91
91
87
89
91
88
89
85
91
89
86
87
Page No.
117
24
102
122
122
57
117
24
152
151
57
102
151
77
99
24
152
102
24
52
XVll
-------
Case Name
Region I - CWA (conO
John Wells
Wells Metal Finishing, Inc.
Region II - CWA
Bristol-Myers Squibb Company
Coastal Steel Corporation
Environmental Consulting and Testing Service, Inc.
Exxon Corporation
Nathan Frenkel
John Mastrobuono
New York Bus Service
Plaza Health Laboratories, inc.
Geronimo Villegas
Region HI - CWA
Jeanne Alvarez
Ashland Oil, Inc.
Robert Thomas Barnes
Nicholas S. Buchko
William Garry Byles
Electrochemical Company, Inc. (ECI)
William B. Ellen
Environmental Systems Services
George Frew
George Henry Garson
Georgia Bonded Fibers, Inc.
Halle Marina, Inc.
Barry Hess
Paul Tudor Jones II
Michael Kelly
James C. Kostelni
FY
89
89
92
83
83
91
83
89
91
89
89
92
88
84
88
86
92
90
84
92
85
86
91
92
90
92
86
Page No
113
113
187
2
6
160
6
99
159
110
110
174
96
11
80
32
193
138
11
192
23
32
169
192
138
174
32
XVlll
-------
Case Name
Region III - CWA fcont.1
Daniel LaVietes
Dennis Marchuk
Francis Susan Moose
John Pozsgai
Robert Ramagosa
William Ramagosa, Jr.
Carol Sedney
Timothy Sedney
Shenango, Inc.
Salvatore A Sortmo
Michael T Strandquist
Sunnylands, Inc.
Sunrise Excavation, Inc.
Sunrise Ventures, Inc.
Robert Tann
Repon IV - CWA
AEI-KAARS Drilling Ventures
AEI-KAARS Production Co.
Samuel T Alcus, III
Amvest Energy, Inc.
George Ault
John C. Auten
Bright Leaf Sewage Treatment, Inc. (BLST)
Calvin W. Browder
John Michael "Mike" Cox
Carson Associates, Inc.
Columbia Marine Services, Inc.
Croda Inks, Copp.
Dale Mills & Associates, Inc.
Charles A. Eidson
Sandra A. Eidson
Douglas M. Floyd
William J. Floyd
FY
86
92
87
88
91
91
92
92
88
92
91
91
91
91
92
90
90
90
91
91
90
91
92
91
90
83
91
91
92
92
91
91
Page No
32
174
70
97
163
163
190
190
80
192
169
163
163
163
174
141
141
141
167
162
138
166
180
162
141
1
162
165
185
185
158
158
XIX
-------
Case Name
Reeion IV - CWA feont.>
Gardimer, Inc
Claude H Gehman
Carson Hay
Hi-Tek Polymers, Inc.
James Holland
Sidney R. Holm
Mark Irby
John L. Kinzeler
William Kinzeler, Jr.
Louisville and Nashville Railroad
Mark Malka
William F. McMurray
Midlands Utility, Inc.
Dale J. Mills
Carey C. Mills
Ocie Mills
George Moore
Kevin George Moore
Ocean Reef Club, Inc.
Charles B. Parnell
Nicholas Pasquariello
Ray R. Pleasant
Norman Porter
Russell A. Post
Quad-Tex Oil & Gas Company, Inc.
R-M Industries, Inc.
Resource Consultants, Inc.
Johnny Sanders.
Southern Dredging Company
Ron S. Terry
Jerry Tyler
Region V - CWA
Robert Alley
Guy Eugene Anderson
FY
88
86
90
92
84
91
90
83
83
83
86
91
92
91
89
89
91
91
86
92
90
91
92
86
91
90
92
92
91
91
91
90
92
Page No.
93
36
141
194
12
165
143
1
1
1
36
169
180
165
96
98
162
162
36
180
124
169
187
36
167
125
187
187
158
167
166
127
184
XX
-------
Case Name
Repon V - CWA fcont.)
Thomas P. Banaham
John C. Barnes
Raymond Borowski
Samar Chatterjee
Cheryl Emrich
Enviro-Analysts, Inc.
Finishing Corp. of America, Inc.
Richard J. Fiorini
Jay Woods Oil, Inc.
David Lloyd
Frank Lynch
Andrew L Neulander
Pioneer Plating Co., Inc.
Jeffrey Pytlarz
Stewart Roth
John R. Ruetz
John W. Rutana
Robert E. Schloesser
U.S. Plating Corporation
Venus Laboratories, Inc.
Edmund Woods
Region VI - CWA
Raymont T. Brittain
Robert C. Coble
Kenneth Fontenot
Gary A. Keating, Sr.
Marine Shale Processors, Inc.
William W. Windham
FY
91
89
83
87
92
90
89
89
87
92
87
92
90
92
90
90
89
90
90
86
87
90
90
92
90
89
89
Page No
161
112
6
67
172
147
112
112
56
188
56
172
127
172
140
147
112
147
127
25
56
129
129
191
140
117
104
XXI
-------
Case Name
Region VII - CWA
Country Estates Investments, Inc.
Anthony DeJohn
Thomas Edward Francis
Arnold N. Graham
Jack R. Hawk
James Johnson
Stephen L. Johnson
Dale L. Knoedler
Maritz, Inc.
Rodney A. McFadden
Jim D. Newman
William E. Pieber
Pillsbury Company
Duane Prorok
Reidy Terminal, Inc.
Eric Donald Roth, Sr.
Roger S wen son
Valmont Industries, Inc.
Wisconsin Barge Line, Inc.
Region VIII - CWA
Central Valley Water Reclamation Facility Board
Darrel W. Caster
Ekotek, Inc.
Rocky Mountain Materials and Excavating, Inc.
Steven M. Self
FY
89
87
91
86
89
87
89
85
84
91
86
84
91
89
87
86
86
89
87
88
92
90
86
90
Page No
100
63
154
50
108
63
100
23
14
154
23
14
154
108
63
27
23
106
63
85
179
145
39
145
XXll
-------
Case Name
Reerion VTII - CWA (eonO
Transit Mix Concrete Company, Inc
Bill L. Walters Companies
Repon IX - CWA
Aerolite Corporation
Salvadore Apodaca
Kenneth Arthur Baber
Richard Virgil Bates
Ralph Burgholzer
Chevron, US.A., Inc.
Donco Industries, Inc.
Marion Getzwiller
Polly Getzwiller
Charles Edgar James
Donald Manning
Thomas W. Mariani
Lavell Mclntyre
Melody Knitting Mills, Inc.
Charles A. Reeves
Arthur Thomas
Michael H. Weitzenhoff
Tony George Zulim
Region X - CWA
Lloyd Anderson
Bruce Norman Barker
Frank Brady
William C. Cairns
David G. Chevalier
John H. Curtis
Robert S. Custer
FY
89
89
90
88
92
92
86
92
92
92
92
92
92
91
86
92
91
90
91
90
86
86,88
86
84
84
91
88
Page No
99
101
133
81
189
189
51
188
192
186
186
192
192
153
51
189
153
133
153
133
47
46
47
17
17
170
84
XXlll
-------
Case Name FY Page No
Region X - CWA (conU
Exxon Corporation 90 134
Exxon Shipping Corporation 90 134
Rodney R. Fisher 89 121
Fisher RPM Electric Motors, Inc. 89 121
Edward R. Gohnski 88 84
Orval J. High 88 84
Charles D. Hudson 84 17
Sam Jenkins, Jr. 86,88 42
Donald D. Johnson 84 17
Frank J. Jordan 92 171
Willard L. Kaser 86 45
Marine Power and Equipment, Inc. 86 47
Nabisco Brands, Inc. 86 45
Olympus Terrace STF 89 108
Lawrence Ostler 89 108
William Parks 86 45
Pennwalt Corporation, Inc. 88 84
Gary Rager 89 111
James A. Repman 88 96
Riedel International, Inc. 88 96
Paul D. Schwitters 86 47
George Scofield 88 91
Sea Gleaner Marine, Inc. 86 47
Sea Port Bark Supply, Inc. 86,88 42
Sellen Construction 89 111
Franklin M. Shanahan 88 84
Sherman Smith 89 110
Robert Squyres 88 91
Ronald E. Summers 88 96
Washington Boat Center, Inc. 86,88 46
Weyerhaeuser Company 91 157
(Weyerhaeuser Sawmill - Aberdeen)
Peter F. Woeck II 86 47
Richard C. Woeck 86 47
The Wyckoff Company, Inc. 84 17
xxiv
-------
FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA)
Federal Insecticide Fungicide and Rodenticide Act
(FIFRA)
Case Name
Region III • FIFRA
Orkin Exterminating Co.
Retrion VI - FIFRA
Thomas Everett Bird
Patrick Conner Bizzell
Norris Randall Fish
Mark Kevin Gibson
Edwin Lombard Gorham
Mark Burke Haymes
Timothy Kram
Gerald Mikolaichik
Terry Lynn Newsom
Melvm Seng Tan
Barry Voight
Region VII - FIFRA
Bryce Anderson
Randy Zimmerman
Region VIII - FIFRA
John Martin Anderson
Ross L. Talbott
Ross M. Talbott
Region X - FIFRA
Argent Chemical Laboratories, Inc.
Eliot L. Lieberman
FY
88
92
92
92
92
92
92
92
92
92
92
92
83
83
84
86
86
88
88
7 USC §136
PL 92-5 16
PL 95-396
Page No.
81
195
195
195
195
195
195
195
195
195
195
195
9
9
18
23
23
76
76
XXV
-------
Case Name FY Page No.
Region X - FIFRA (conO
Beatriz F. Shan ah an 88 76
W.B. Sprague Company, Inc. 84 17
Alfred H. Treleven 84 17
Laurence R. Treleven 84 17
XXVI
-------
TOXIC SUBSTANCES CONTROL ACT (TSCA)
Case Name
Electro Sales Co., Inc.
James A. Badgett
Freeman Krum
Gary L. Powell
Harry G. Stafford
American Electric Corporation
Maxwell S. Cobb
D. Michael Hamm
Holley Electric Corporation
Onis Lynwood Holley
Floyd C. Holloway
Franklin D. Baker
Gregory A. Booth
Cambridge Mill Products, Inc.
Wallace D. Childers
Electric Service Company
Charles LeBeau, Jr.
Hasper Leggett
Ernest J. Mondron
Patrick W. Paciesas
John Plantan
FY
Re?ion I - TSCA
84
Region III - TSCA
89
87
89
89
Region IV - TSCA
84
84
84
83
83
84
Region V - TSCA
86
83
86
86
86
86
90
86
87
88
PL 94-469
PL 99-5 19
Page No.
14
117
57
116
116
12
12
12
9
9
12
33
10
51
33
33
51
133
33
64
66
Robert W. Rafferty
83
10
XXVll
-------
Case Name
Region V - TSCA (cont.)
Ronald C. Shawl
Laddie F. Snyder
Transformer Services (Ohio), Inc.
Tracy Westfall
Herman Zeldenrust
Region VI - TSCA
Vernon L. Baseman
David R. Faulkner
Region VII - TSCA
James Carolan
W.C Carolan
Christopher Gosch
Sharon Hayes
John Moran, Jr.
Dennis W. Nix
Patrick E. Perrin
Spirtas Wrecking Company, Inc.
Dwight E. Thomas, Jr.
Dwight E. Thomas, Jr.
[Sealed]
Region VIII - TSCA
Clayton Regier
Bud Rupe
Martha Slusser
Michael Slusser
Weaver Electric Co.
FY
88
86
83
90
83
83
83
89
89
89
89
87
92
87
92
87
88,89
89
92
92
92
92
92
Page No.
80
33
10
143
9
8
8
66
66
66
66
61
176
65
185
65
66
118
194
194
194
194
194
XXVlll
-------
Case Name
Regjpn. IX • TSCA
CSI Technologies, Inc.
Custom Food Machinery
Ronald McNiel
Eugene Welch
Region X - TSCA
Drum Recovery, Inc.
Eugene F. Tienken
Charles Tuttle
FY
85
87
87
87
84
84
84
Page No
25
56
56
56
13
13
13
Gary Van Lom
84
13
XXIX
-------
COMPREHENSIVE ENIRONMENTAL RESPONSE COMPENSATION
AND LIABILITY ACT
Comprehensive Environmental Response 42 USC §§9601-9675
Compensation and Liability Act (CERCLA) PL 96-510
PL 99-499
Case Name FY Page No
Region I -CERCLA
SCA Chemical Services (MA), Inc. 84 21
W. R. Grace & Co. 87 55
Region III - CERCLA
G & Erie Associates 92 186
Walter Grzelak 92 186
Daniel J. Lasdon 92 186
Daniel J. Lasdon Real Estate 92 186
Frank H. Leaman 92 193
Russel L. Walker 92 193
Region IV - CERCLA
Sam L. Story 91 158
Region V - CERCLA
Gordon Babbitt 92 184
Merv Bridges 92 184
William Keagle 92 184
John Joseph Melle 90 123
Montgomery Tank Lines, Inc. 92 184
Cory Niezgoda 92 184
Ronald Zega 92 184
Region VI - CERCLA
Inman and Associates, Inc. 90 132
John McMichen 90 132
XXX
-------
Case Name
FY Page No.
Steven F Miller
Region VIII - CERCLA
90
145
A C Limtiaco, Inc.
Antonio C. Limtiaco
Region IX - CERCLA
90
90
125
125
Bert Michael Willard
(aka Mike Willard)
Region X - CERCLA
90
140
XXXI
-------
RIVERS AND HARBORS APPROPRIATIONS ACT
Rivers and Harbors Appropriations Act of 1899
(Refuse Act of 1899)
. 33 USC §§403,407,
409,411
PL 55-425
Case Name
FY
Page No.
Region VII
Shell Pipe Line Corporation
92
179
XXXll
-------
SAFE DRINKING WATER ACT (SDWA)
Safe Drinking Water Act
..42USC§300h-2
Case Name
W. John Mitchell, II
(aka Jack Mitchell)
Websterville Fire District #3
The Prudential Committee
FY
91
91
Page No.
Gary Brouillette
Gerald Elwell
Bertha Lewis
Murray L. Lewis
Region I - SDWA
91
91
91
91
151
151
151
151
151
151
Region IV - SDWA
Glenn Weatherbee
Glenn Weatherbee Supply, Inc.
91
156
J&J Investments
Region V - SDWA
90 139
XXXlll
-------
U.S. CODE: TITLE 18 CRIMES AND CRIMINAL PROCEDURE
Case Name
Region I
Phil J. Lambert, Jr.
Phil J. Lambert, Inc.
Kenneth R. Nugent
Alan Stevens
Stevens Analytical Laboratories, Inc.
Region II
A&A Land Development
August Recycling, Inc.
National Carting, Inc.
New York Environmental Contractors, Inc.
Angelo Paccione
Rosedale Carting, Inc.
Stage Carting, Inc.
Felix Konstandt
Konstandt Laboratories, Inc.
Anthony Vulpis
Vulpis Brothers, Ltd.
W&W Properties
Fred E. Weiss
Region III
John Patrick Dowd
John Gibble
William P. Reilly
Glenn L. Stover, Jr.
Terry Lee Tebben
Daniel Workman
FY
89
89
92
92
92
89
89
89
89
89
89
89
90
90
89
89
89
89
92
92
92
92
91
91
Page No
126
126
178
182
182
114
114
114
114
114
114
114
123
123
114
114
114
114
191
193
191
193
168
168
XXXIV
-------
Case Name
Region IV
William S Drum, III
Richard L. Herr
Jesse V Hickman
Joseph L. Lahiff
Maryland Assemblies, Inc.
Rachel E. Rogers
Timothy L. Stanton
Eugene Stewart
Edward Viola
Edward W. Viola
Region V
John Pizzuto
Pollution Control Industries of America, Inc.
Kevin P. Prunsky
Region VI
Robert M. Bnttingham
Steve Charo
Control Sewer & Pipe Cleaning
(aka Control Disposal Company, Inc.)
Craven Laboratories
Don Allen Craven
Herman Goldfaden
Donald Hammerly
Dale Lynn Harris
Mark E. Jones
Terry Wayne Jones
John E. Klein
Klein P.C., Inc.
FY
92
92
92
92
92
92
92
92
92
92
90
89
89
92
90
90
92
92
90
92
92
92
92
92
92
Page No.
173
173
173
173
173
173
173
173
173
173
133
109
109
177
130
130
194
194
130
194
194
195
195
195
195
XXXV
-------
Case Name
FY
Page No
Metro Technology, Inc.
John J LoMonaco
Edward Stanley Peterson
Gerald Wright
Region VI fcont.1
92
92
92
92
195
177
194
175
Region VIII
Michael Levine
90
139
Nancy Berry Walker
Region IX
92
183
XXXVI
-------
U S. CODE. TITLE 26 CRIMES AND CRIMINAL PROCEDURE
Case Name FY Page No
Region V
Neville Thomas Hayes 92 189
Region VIII
Martha Jane Slusser 91 164
XXXVll
-------
CASES PROSECUTED AT THE STATE LEVEL
Case Name
FY
Page No
Hazardous Waste
Billy R. Crawford
Pat A. Bailey
Donald Ray Doughty
RobertB Newell
Irvin Ricks
Hazardous Waste
Sam Lam
RCRA
Jeffery A Gordon
Kevin J. Nice
Douglas T. Niemann
Hazardous Waste
Reliable Sanitation Service
State Law of Louisiana
State Law of California
State Law of Washington
State Law of Colorado
92
92
92
92
92
91
185
185
185
185
185
165
90
90
91
144
144
157
91
168
XXXVlll
-------
CASES PROSECUTED AT THE STATE LEVEL
Case Name FY Page No
State Law of Oregon
TSCA
John H Atkins 92 180
Paul Ray Capps 92 180
Jonathon E. Howard 92 180
Laverne Evelyn Jacobsen 92 180
Nina E. Mirich 92 180
Thomas Scott Schlickeiser 92 180
Betty Rose White 92 180
XXXIX
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